Statute of Limitations for Class D / 4th Degree Felony in Illinois

Overview

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In Illinois, the statute of limitations (“SOL”) sets a deadline for the State to file (or prosecute) a criminal case. For a Class D felony / “4th degree felony” charge, Illinois generally uses a default SOL of 5 years, unless a specific exception applies.

This page focuses on the general rule for Class D (4th degree) felonies. No claim-type-specific sub-rule was found in the provided jurisdiction data, so the 5-year period below should be treated as the general/default deadline rather than a guarantee for every fact pattern.

If you’re working with a potential SOL defense, timeline planning, or a compliance review, the key is to identify the trigger date(s) used by Illinois for SOL calculations in criminal prosecutions (often tied to alleged conduct and/or when prosecution is initiated), then check whether any statutory exception can extend or toll the period.

Limitation period

General rule: 5 years for a Class D / 4th degree felony in Illinois

Based on the Illinois jurisdiction data provided:

• General SOL period: 5 years
• General statute: 720 ILCS 5/3-6

Illinois uses this general rule as the baseline for many felony limitations questions. Practically, this means:

• If the alleged criminal conduct (or the relevant triggering event) occurred on Day 0,
• the prosecution generally must be filed/commenced within 5 years (subject to any exception).

How the deadline can change (inputs that matter)

Even under the same “5-year” rule, your outcome can shift depending on which date you input. DocketMath’s statute-of-limitations calculator is designed around typical SOL calculation workflow:

• Start date (trigger date): the date you believe the limitation clock begins (for example, the last date of the alleged conduct).
• End date (reference date): the date you want to compare against—often today, a filing date, or the date the case was first commenced.

What changes the result most:

• Moving the start date forward or backward changes the computed expiration date directly.
• Changing the reference date (for example, from filing date to today) affects whether the SOL appears to have run by that time.

Quick timeline example (conceptual)

• Trigger date: January 10, 2020
• Default SOL length: 5 years
• Computed expiration date (baseline): January 10, 2025

If the State commenced prosecution after January 10, 2025, the baseline assumption is that the SOL has expired—unless a statutory exception applies.

Key exceptions

No special Class D / 4th degree sub-rule was identified in the provided jurisdiction data, so this section emphasizes what can still matter even when the default SOL is 5 years. Exceptions generally fall into a few categories:

• Tolling or extension events (facts or legal events that pause the clock or extend the deadline)
• Different accrual rules for particular circumstances
• Commencement timing (how and when the prosecution is considered “commenced” for SOL purposes)

What to look for in your case timeline

To spot whether an exception could affect a Class D SOL deadline, check the following checklist:

Gentle disclaimer (non-advice)

This overview describes the general statutory framework using the data provided. It’s not a substitute for a case-specific legal analysis of whether an exception applies, especially where Illinois SOL doctrines require careful attention to the charging timeline and the statutory exception’s prerequisites.

Statute citation

The controlling general statute for the default limitations period referenced here is:

• 720 ILCS 5/3-6 (General statute of limitations; provided jurisdiction data indicates 5 years for the general/default period)

You can review the Illinois General Assembly’s published text here:
https://ilga.gov/ftp/Public%20Acts/101/101-0130.htm?utm_source=openai

Use the calculator

Ready to compute a date range using DocketMath’s statute-of-limitations tool? Use this link:

• /tools/statute-of-limitations

1. Go to: /tools/statute-of-limitations
2. Enter the start date (your best-supported trigger date).
3. Enter the comparison/reference date (for example, filing date or “today”).
4. Review:

   • the computed expiration date (baseline: start date + 5 years), and
   • whether the reference date falls before or after the expiration.

How input changes the output (what you should expect)

Use these “what-if” patterns to validate your timeline:

• If you change only the start date

  • the expiration date shifts by the same amount.
• If you change only the reference date

  • the expiration date stays the same, but “SOL ran?” flips depending on whether the reference date crosses the expiration date.

Practical workflow (recommended)

• whether any statutory exception could apply, and

  • whether the prosecution’s relevant commencement date differs from what you initially assumed

Related reading

• Choosing the right statute of limitations tool for Vermont — Tool comparison
• Statute of limitations in Singapore: how to estimate the deadline — How-to guide
• Choosing the right statute of limitations tool for Connecticut — Tool comparison