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Illinois Compiled Statutes

720 ILCS 5/33A-3 (2026)

Sentence

✓ current as of May 2026
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(720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
    Sec. 33A-3. Sentence.
    (a) Violation of Section 33A-2(a) with a Category I weapon is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of 15 years.
    (a-5) Violation of Section 33A-2(a) with a Category II weapon is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of 10 years.
    (b) Violation of Section 33A-2(a) with a Category III weapon is a Class 2 felony or the felony classification provided for the same act while unarmed, whichever permits the greater penalty. A second or subsequent violation of Section 33A-2(a) with a Category III weapon is a Class 1 felony or the felony classification provided for the same act while unarmed, whichever permits the greater penalty.
    (b-5) Violation of Section 33A-2(b) with a firearm that is a Category I or Category II weapon is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of 20 years.
    (b-10) Violation of Section 33A-2(c) with a firearm that is a Category I or Category II weapon is a Class X felony for which the defendant shall be sentenced to a term of imprisonment of not less than 25 years nor more than 40 years.
    (c) Unless sentencing under subsection (a) of Section 5-4.5-95 of the Unified Code of Corrections
Notes of Decisions
Cited in 53 cases (8 in the last 5 years), 1996–2025 · leading case: People v. Clemons, 2012 IL 107821 (Ill. 2012).
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People v. Clemons, 2012 IL 107821 (Ill. 2012). · cites it 3× “Whereas armed robbery while armed with a firearm is punishable by an enhanced sentence of 21 to 45 years’ imprisonment (720 ILCS 5/18-2(a)(2), (b) (West 2000)), armed violence predicated on robbery with a category I or II weapon is punishable by a sentence of 15 to 30 years’…”
People v. Hauschild, 871 N.E.2d 1 (Ill. 2007). · cites it 2× “(2) is a Class X felony, which carries a 6 to 30 year term, with a mandatory "add-on penalty" of 15 years, making the possible sentence for armed robbery while armed with a firearm 21 to 45 years (720 ILCS 5/18-2(a)(2), (b) (West 2000)), while a violation of section 33A-2(a) of…”
People v. Lewis, 677 N.E.2d 830 (Ill. 1996). · cites it 3× “" 720 ILCS 5/33A-3 (West 1994). The robbery statute provides: "§ 18-1.”
People v. Ramirez, 837 N.E.2d 111 (Ill. App. Ct. 2005). · cites it 3× “Compare 720 ILCS 5/33A-3(a) (West 1992) (preamendment version of armed violence statute classifying armed violence as a Class X felony) and 730 ILCS 5/5-8-1(a)(3) (West 1992) (sentence for Class X felony must be between 6 and 30 years unless otherwise specified in statute) with…”
People v. Blair, 2013 IL 114122 (Ill. 2013). · cites it 2× “Compare 720 ILCS 5/18-2(b) (West 2000) (armed robbery sentences), with 720 ILCS 5/33A-3 (West 2000) (armed violence sentences).”
People v. Clemons, 968 N.E.2d 1046 (Ill. 2012). · cites it 4× “Whereas armed robbery while armed with a firearm is punishable by an enhanced sentence of 21 to 45 years' imprisonment (720 ILCS 5/18-2(a)(2), (b) (West 2000)), armed violence predicated on robbery with a category I or II weapon is punishable by a sentence of 15 to 30 years'…”
People v. Moss, 795 N.E.2d 208 (Ill. 2003). “Public Act 91-404 also amended the penalties for armed violence (720 ILCS 5/33A-3 (West 2000)), but these changes did not include the "15/20/25-to-life" measures.”
People v. Malone, 2012 IL App (1st) 110517 (Ill. App. Ct. 2012). “By contrast, armed violence predicated on robbery with a category I or category II weapon was “a Class X felony punishable by a sentence ranging from 15 to 30 years (720 ILCS 5/33A-3(a) (West 2000)).” Id. The supreme court concluded “defendant’s sentence for armed robbery while…”
People v. Gillespie, 2012 IL App (4th) 110151 (Ill. App. Ct. 2012). · cites it 3× “With the mandatory “add-on penalty” of 25 years, the penalty for armed robbery/discharging a firearm and causing great bodily harm was 31 years’ to life imprisonment (720 ILCS 5/18-2(a)(4), (b) (West 2000)) in contrast to the penalty of 25 to 40 years’ imprisonment for armed…”
People v. Cummings, 813 N.E.2d 1004 (Ill. App. Ct. 2004). “720 ILCS 5/33A-3(b) (West 2000); 730 ILCS 5/5-8-1(a)(5) (West 2000).”
People v. Anderson, 2018 IL App (4th) 160037 (Ill. App. Ct. 2018). “As-Applied Constitutional Challenge to Armed-Violence Sentence ¶ 64 Defendant contends, for the first time on appeal, the statute mandating a minimum 15-year sentence on his armed-violence conviction ( 720 ILCS 5/33A-3(a) (West 2014) ) violated both the Illinois and United…”
People v. Toy, 2013 IL App (1st) 120580 (Ill. App. Ct. 2014). · cites it 2× “2d 63 , 86-87 (2007), the supreme court held that the “defendant’s sentence for armed robbery while armed with a firearm (720 ILCS 5/18-2(b) (West 2000)) violates the proportionate penalties clause because the penalty for that offense is more severe than the penalty for the…”
Show all 53 citing cases →
— 720 ILCS 5/33A-3(a) — 36 cases
People v. Clemons, 2012 IL 107821 (Ill. 2012). “Whereas armed robbery while armed with a firearm is punishable by an enhanced sentence of 21 to 45 years’ imprisonment (720 ILCS 5/18-2(a)(2), (b) (West 2000)), armed violence predicated on robbery with a category I or II weapon is punishable by a sentence of 15 to 30 years’…”
People v. Hauschild, 871 N.E.2d 1 (Ill. 2007). “(2) is a Class X felony, which carries a 6 to 30 year term, with a mandatory "add-on penalty" of 15 years, making the possible sentence for armed robbery while armed with a firearm 21 to 45 years (720 ILCS 5/18-2(a)(2), (b) (West 2000)), while a violation of section 33A-2(a) of…”
People v. Ramirez, 837 N.E.2d 111 (Ill. App. Ct. 2005). “Compare 720 ILCS 5/33A-3(a) (West 1992) (preamendment version of armed violence statute classifying armed violence as a Class X felony) and 730 ILCS 5/5-8-1(a)(3) (West 1992) (sentence for Class X felony must be between 6 and 30 years unless otherwise specified in statute) with…”
People v. Clemons, 968 N.E.2d 1046 (Ill. 2012). “Whereas armed robbery while armed with a firearm is punishable by an enhanced sentence of 21 to 45 years' imprisonment (720 ILCS 5/18-2(a)(2), (b) (West 2000)), armed violence predicated on robbery with a category I or II weapon is punishable by a sentence of 15 to 30 years'…”
People v. Lewis, 677 N.E.2d 830 (Ill. 1996). “" 720 ILCS 5/33A-3 (West 1994). The robbery statute provides: "§ 18-1.”
— 720 ILCS 5/33A-3(b) — 3 cases
People v. Cummings, 813 N.E.2d 1004 (Ill. App. Ct. 2004). “720 ILCS 5/33A-3(b) (West 2000); 730 ILCS 5/5-8-1(a)(5) (West 2000).”
People v. Westmoreland, 2013 IL App (2d) 120082 (Ill. App. Ct. 2013).
People v. Dunlap (Ill. App. Ct. 2000).
— 720 ILCS 5/33A-3(d)(xii) — 1 case
People v. Vences, 2023 IL App (4th) 220035 (Ill. App. Ct. 2023).
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