ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/111-5 (2026)

Formal defects in a charge

✓ current as of May 2026
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(725 ILCS 5/111-5) (from Ch. 38, par. 111-5)
    Sec. 111-5. Formal defects in a charge. An indictment, information or complaint which charges the commission of an offense in accordance with Section 111-3 of this Code shall not be dismissed and may be amended on motion by the State's Attorney or defendant at any time because of formal defects, including:
        (a) Any miswriting, misspelling or grammatical error;
        (b) Any misjoinder of the parties defendant;
        (c) Any misjoinder of the offense charged;
        (d) The presence of any unnecessary allegation;
        (e) The failure to negative any exception, any excuse
    
or proviso contained in the statute defining the offense; or
        (f) The use of alternative or disjunctive allegations
    
as to the acts, means, intents or results charged.
(Source: Laws 1963, p. 2836.)

    
Notes of Decisions
Cited in 54 cases (13 in the last 5 years), 1994–2026 · leading case: People v. Gancarz, 859 N.E.2d 1127 (Ill. App. Ct. 2006).
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People v. Gancarz, 859 N.E.2d 1127 (Ill. App. Ct. 2006). · cites it 3× “725 ILCS 5/111-5 (West 2004). Such formal defects include "(a) [a]ny miswriting, misspelling or grammatical error; (b) [a]ny misjoinder of the parties defendant; (c) [a]ny misjoinder of the offense charged; (d) [t]he presence of any unnecessary allegation; (e) [t]he failure to…”
People v. Espinoza, 2015 IL 118218 (Ill. 2016). · cites it 3× “725 ILCS 5/111-5 (West 2012). Further, the formal defect in the case could be cured by identifying the victim in the complaint as D.”
People v. Tellez-Valencia, 723 N.E.2d 223 (Ill. 1999). · cites it 2× “While we acknowledge that formal defects in a charging instrument may be amended by the State at any time (see 725 ILCS 5/111-5 (West 1998)), we disagree with the State's characterization of the proposed amendment in the cases at bar as a mere formality.”
People v. Jones, 845 N.E.2d 598 (Ill. 2006). “The State amended count III of the indictment, which charged that defendant's conduct created "a strong probability of death," to state that defendant's conduct "created a strong probability of death or great bodily harm.”
People v. Espinoza, 2015 IL 118218 (Ill. 2015). · cites it 3× “725 ILCS 5/111-5 (West 2012). Further, the formal defect in the case could be cured by identifying the victim in the complaint as D.”
People v. White, 849 N.E.2d 406 (Ill. 2006). “An exception to this rule provides that an indictment may be amended on motion of the prosecutor or defendant for the purpose of correcting formal defects (725 ILCS 5/111-5 (West 2000)) if no surprise or prejudice to the defendant results ( People v.”
People v. Knaff, 752 N.E.2d 1123 (Ill. 2001). “" 725 ILCS 5/111-5(f) (West 1998). Generally, any attempt to broaden the scope of the indictment requires return of the indictment to the grand jury.”
People v. Ross, 917 N.E.2d 1111 (Ill. App. Ct. 2009). “” 725 ILCS 5/111-5 (West 2006). Formal amendment is warranted especially where there is no resulting surprise or prejudice to the defendant or where the record clearly shows that he was otherwise aware of the charge against him.”
People v. Jones, 2012 IL App (2d) 110346 (Ill. App. Ct. 2012). “Section 111-5 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/111-5 (West 2008)) provides a list of formal defects, such as “[a]ny miswriting, misspelling or grammatical error,” though the list is not exclusive (People v.”
People v. Kimbrough, 644 N.E.2d 1137 (Ill. 1994). “" (725 ILCS 5/111-5 (West 1992).) Accordingly, if the defect in the indictment is merely a formal defect and amendment would not constitute a substantive change, the waiver rule does not apply and amendment at any time is proper.”
People v. Holley, 879 N.E.2d 530 (Ill. App. Ct. 2007). “Specifically, defendant was charged with committing the offense of aggravated criminal sexual assault "while displaying a dangerous weapon being a firearm, (emphasis added)" under a subsection of the current statute that requires the weapon used to other than a firearm.”
People v. Edmonds, 757 N.E.2d 619 (Ill. App. Ct. 2001). “725 ILCS 5/111-5 (West 1998); McCoy, 295 Ill.”
Show all 54 citing cases →
— 725 ILCS 5/111-5(a) — 3 cases
People v. Williams, 2021 IL App (1st) 181964-U (Ill. App. Ct. 2021).
People v. McDonagh, 2021 IL App (2d) 200324-U (Ill. App. Ct. 2021).
People v. Rhodes, 2021 IL App (1st) 190681-U (Ill. App. Ct. 2021).
— 725 ILCS 5/111-5(d) — 2 cases
Czeslaw Parzych v. Merrick B. Garland, 2 F.4th 1013 (7th Cir. 2021).
People v. Dacanay, 2020 IL App (2d) 190533-U (Ill. App. Ct. 2020).
— 725 ILCS 5/111-5(f) — 5 cases
People v. Knaff, 752 N.E.2d 1123 (Ill. 2001). “" 725 ILCS 5/111-5(f) (West 1998). Generally, any attempt to broaden the scope of the indictment requires return of the indictment to the grand jury.”
People v. Rahaman, 2024 IL App (4th) 230105-U (Ill. App. Ct. 2024).
People v. Hayes, 2020 IL App (3d) 170869-U (Ill. App. Ct. 2020).
People v. Thomas, 2025 IL App (5th) 230440-U (Ill. App. Ct. 2025).
People v. Crowley, 2025 IL App (1st) 241072-U (Ill. App. Ct. 2025).
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