Exclusively Practicing Criminal Defense for
Two Decades
David Olshansky

Non-Probationable Offenses

The Following is a List of Non-Probationable Offenses: 730 Cs 5/5-5-3(C)
  • First Degree Murder
  • Attempt First Degree Murder
  • All Class X offenses
  • A Class 2 or greater offense if the offender has been convicted of a Class 2 or greater offense within 10 years of the date on which the offender committed the offense for which they are being sentenced
  • Residential Burglary
  • Criminal Sexual Assault
  • Aggravated Battery of a Senior Citizen
  • Vehicular Hijacking
  • A second or subsequent conviction for a Hate Crime when the underlying offense for which the Hate Crime is based is felony Aggravated Assault or Felony Mob Action
  • A second or subsequent conviction for Institutional Vandalism when the damage is more than $300
  • Cannabis Trafficking
  • Calculated Criminal Cannabis Conspiracy
  • Controlled Substance Trafficking
  • Delivery of Controlled, Counterfeit, or look-alike Substance to a person who is under the age of 18, or if the delivery occurs within 1000 feet of a school, place of religious worship, roadside safety rest area, or truck stop
  • Possession with Intent to Deliver, or Delivery of, 5 grams or more of a Controlled Substance containing, cocaine, fentanyl, or analog thereof, or 3 or more grams of heroin.
  • Unlawful use of Weapons when the weapon is a machine gun, or when the possession is within 1000 feet of a school, place of religious worship, public housing, or public park and the weapon is a device used to silence a firearm, a rifle with a barrel shorter than 16 inches, a shotgun with a barrel shorter than 18 inches (and the total length is less than 26 inches)
  • Unlawful use of Weapons, Aggravated Unlawful use of a Weapon, and Unlawful use of a weapon by a convicted Felon or by a Person within a Correctional Facility if some of the statutory mandatory prison requirements are present such as: it is a second or subsequent felony offense for Unlawful use of Weapons or a felony violation of the Firearm Owners Identification Card Act, or if the offender has been previously convicted of a forcible felony, Stalking or Aggravated Stalking, or has a prior Class 2 or greater conviction under the Controlled Substance Act, Methamphetamine Control Act, or Cannabis Control Act
  • Aggravated Unlawful use of Weapons when the offender has a previous felony conviction
  • A forcible felony if the activities are related to an organized gang
  • A violation of the Compelling Organization Membership of Persons statute
  • All Child Pornography charges except simple possession without any aggravating statutory factors
  • Residential Arson and Arson of a Place of Worship
  • Gunrunning
  • A second or subsequent conviction for a violation of the Methamphetamine Control Act
  • A second or subsequent violation for Driving on a Suspended or Revoked License when the reason for the revocation is a previous Reckless Homicide or similar provision of law in another state.
  • Unlawful Purchase of a Firearm