What Happens After You Are Arrested For a Felony In Illinois?

 Posted on December 22, 2025 in Criminal Defense

A felony is a serious crime that carries potential prison time of more than one year. Unlike a misdemeanor, a felony conviction can have lasting consequences on your ability to find a job and a place to live, according to the ICJIA. Many people who are facing felony charges feel like it is the end of the world.

If this sounds like you, don’t give up hope just yet. Our McHenry County criminal defense attorneys have handled over 20,000 criminal cases and many of these have resulted in dismissals and reduced charges. You may be surprised by how effective we can be in your case.

What Happens When You Are Arrested for a Felony? 

After a felony arrest in Illinois, you will be taken to the police station for booking. The police will take your fingerprints, photograph you, and record your personal information. You will be held in custody until your initial court appearance, which must happen within 48 hours.

At this appearance, the judge informs you of the charges and decides whether you can be released based on Illinois’ SAFE-T Act pretrial release. Having a criminal defense attorney at this stage is very important. An attorney can demonstrate that you do not pose a threat to the public and should be released.

What Are the Most Common Felony Charges in Illinois?

Illinois law divides felonies into different classes. Under 730 ILCS 5/5-4.5-10, felonies range from Class 4 (least serious) to Class X (most serious). Class 4 felonies carry one to three years in prison, while Class X felonies carry six to 30 years.

Drug Felonies

Common felony charges in Illinois include drug possession with intent to deliver, which means police believe you were planning to sell drugs. This charge often depends on the amount or type of drugs found and whether police find items like scales or bags.

Theft Felonies

Theft becomes a felony when the stolen property exceeds $500 in value. Typically, the higher the value, the more serious the felony class, although value is only one factor and some thefts are charged as felonies regardless of the value.

DUI Felonies

Aggravated DUI is another common felony charge. A DUI becomes aggravated if you have prior DUI convictions, if someone was seriously injured, or if there was a child in the car.

Violent Felonies

Aggravated assault and battery charges are felonies when a deadly weapon is used, when the victim is a police officer or teacher, or when the victim suffers serious harm. Burglary and home invasion are also felonies. Burglary means entering a building without permission for the purpose of committing a crime. Home invasion is more serious because it involves entering a home when someone is inside.

How Do Illinois Prosecutors Decide Whether to File Felony or Misdemeanor Charges?

After your arrest, the prosecutor reviews the police report and evidence to decide what charges to file. Some crimes can be charged as either a felony or a misdemeanor depending on the facts. For theft, the value of the stolen items determines if it is a misdemeanor or felony. For drugs, the amount found affects the charge level.

Your criminal history also plays a major role. Prior convictions make felony charges more likely. First-time offenders may receive misdemeanor charges for the same conduct.

The circumstances matter too. Was anyone hurt? Was a weapon involved? Was the crime planned? Did you cooperate with the police? The answers to these questions will affect the prosecutors’ decision. The strength of the evidence also affects charging decisions. Strong evidence makes felony charges more likely.

When Can You Get Felony Charges Reduced or Dismissed?

Several situations may allow you to get felony charges reduced or dismissed. If the prosecutor has weak evidence, your attorney can challenge the charges. Evidence obtained illegally can be excluded from trial. Without this evidence, the prosecutor may have to reduce or dismiss charges.

First-time offenders may qualify for diversion programs. These programs let you avoid a conviction by completing community service, drug treatment, or counseling. If you complete the program successfully, charges may be dismissed.

Plea negotiations often result in reduced charges. Your attorney can negotiate to have felony charges reduced to misdemeanors in exchange for a guilty plea. Prosecutors may also reduce charges if key witnesses become unavailable or their testimony is unreliable.

Call a Lake in the Hills, IL Criminal Defense Attorney Today

If you have been arrested for a felony, you need a lawyer now. The decisions made in the early stages of your case can significantly affect the outcome.

Our McHenry County felony defense lawyers at Ramsell & Kunowski, L.L.C. understand Illinois felony law in and out. We know how to challenge charges and negotiate with prosecutors. Contact Ramsell & Kunowski, L.L.C. at 630-786-6062 today for a consultation to discuss your case.