Exclusively Practicing Criminal Defense for
Two Decades
David Olshansky

Extended Term

Illinois Statute 730 ILCS 5/5-8-2 provides for the court to impose extended terms of prison sentences if certain aggravating factors are present. the most common grounds used by the State to extend the sentence imposed beyond the normal statutory maximum is Illinois Statute 730 ILCS 5/5-5-3.2(b)(1) which states that if person is convicted of any felony after being convicted a felony of the same or a greater class of felony within 10 years (excluding time spent in prison) then the person is eligible for an extended term sentence. the other aggravating factors that can be used to extend the term of the sentence are set forth on Illinois Statutes which include, among other factors, the age of the victim, the brutality of the offense, the proximity of the offense to schools, places of worship, and other enumerated factors. Any aggravating factor used to extend the prison term must be provided to the defendant prior to the trial or be included in the charging document and proved to the trier of fact beyond a reasonable doubt.