ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/114-8 (2026)

Motion for severance

✓ current as of May 2026
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(725 ILCS 5/114-8) (from Ch. 38, par. 114-8)
    Sec. 114-8. Motion for severance.
    (a) If it appears that a defendant or the State is prejudiced by a joinder of related prosecutions or defendants in a single charge or by joinder of separate charges or defendants for trial the court may order separate trials, grant a severance of defendants, or provide any other relief as justice may require.
    (b) In the case of a prosecution of multiple defendants for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse arising out of the same course of conduct, the court, in deciding a motion to sever the charges and try the defendants separately, must consider, subject to constitutional limitations, the impact upon the alleged victim of multiple trials requiring the victim's testimony.
(Source: P.A. 94-668, eff. 1-1-06.)

    
Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 2008–2024 · leading case: People v. Walston, 900 N.E.2d 267 (Ill. App. Ct. 2008).
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People v. Walston, 900 N.E.2d 267 (Ill. App. Ct. 2008). · cites it 3× “"Two or more offenses may be charged in the same [charging instrument] in a separate count for each offense if the offenses charged * * * are based on the same act or on 2 or more acts which are part of the same comprehensive transaction" (725 ILCS 5/111-4(a) (West 2004)),…”
People v. Johnson, 2013 IL App (2d) 110535 (Ill. App. Ct. 2013). ““Two or more offenses may be charged in the same [charging instrument] in a separate count for each offense if the offenses charged *** are based on the same act or on 2 or more acts which are part of the same comprehensive transaction” (725 ILCS 5/111-4(a) (West 2010)), unless…”
People v. Anderson, 2013 IL App (2d) 111183 (Ill. App. Ct. 2013). ““Two or more offenses may be charged in the same [charging instrument] in a separate count for each offense if the offenses charged *** are based on the same act or on 2 or more acts which are part of the same comprehensive transaction” (725 ILCS 5/111-4(a) (West 2010)), unless…”
People v. Ealy, 2024 IL App (1st) 221748 (Ill. App. Ct. 2024). “Henderson, 2017 IL App (1st) 142259 , ¶ 202 (defendants are generally tried together “when charged with an offense arising out of a common occurrence”); 725 ILCS 5/114-8(a) (West 2020) (if a defendant “is prejudiced” by joinder, a court “may order separate trials”).”
People v. Fleming, 2014 IL App (1st) 113004 (Ill. App. Ct. 2014). “” 725 ILCS 5/114-8 (West 2008). ¶ 38 Thus, charges against a defendant may be joined if the offenses are based on two or more acts which are part of the same comprehensive transaction unless the defendant will be prejudiced by the joinder of separate charges.”
People v. Perez, 969 N.E.2d 893 (Ill. App. Ct. 2012). “is slightly more complicated in that her testimony claimed 20 incidents of touching, and, as defendant notes, his motion to sever the trials related to S.”
People v. Thornton, 2020 IL App (4th) 180681-U (Ill. App. Ct. 2020). “” 725 ILCS 5/114-8(a) (West 2016). We observe the statute gives trial courts discretion in deciding whether to grant a motion for severance—they “may” grant relief.”
People v. Wrancher, 2022 IL App (2d) 210134-U (Ill. App. Ct. 2022). “725 ILCS 5/114-8 (West 2018). He argued that his defense conflicted with and was antagonistic toward Curry’s defense.”
People v. Smith, 2021 IL App (1st) 160892-U (Ill. App. Ct. 2021). “¶ 43 Section 114-7 of the Code of Criminal Procedure (Code) allows for the joinder of related prosecutions if the offenses and defendants could have been joined in a single charge (725 ILCS 5/114-7 (West 2010)), and for severance if it appears that a defendant or the State is…”
People v. Ward, 2022 IL App (2d) 200736-U (Ill. App. Ct. 2022). “After the armed-habitual-criminal charge was severed from the murder charges (see 725 ILCS 5/114-8 (West 2016)), defendant opted for a bench trial on the armed-habitual-criminal charge.”
People v. Hernandez, 2022 IL App (2d) 200741-U (Ill. App. Ct. 2022). “¶ 25 Generally, charges arising out of the same incident may be tried together (725 ILCS 5/114- 7 (West 2012)), unless it appears that the defendant will be prejudiced thereby (725 ILCS 5/114-8 (West 2012)). A trial court has substantial discretion in deciding whether to sever…”
People v. Sutton, 2019 IL App (1st) 172085-U (Ill. App. Ct. 2019). “725 ILCS 5/114-8(a) (West 2014). The decision of whether to join separate charges is a matter within the sound discretion of the trial court, and we will not reverse that decision absent an abuse of that discretion.”
Show all 15 citing cases →
— 725 ILCS 5/114-8(a) — 4 cases
People v. Ealy, 2024 IL App (1st) 221748 (Ill. App. Ct. 2024). “Henderson, 2017 IL App (1st) 142259 , ¶ 202 (defendants are generally tried together “when charged with an offense arising out of a common occurrence”); 725 ILCS 5/114-8(a) (West 2020) (if a defendant “is prejudiced” by joinder, a court “may order separate trials”).”
People v. Perez, 969 N.E.2d 893 (Ill. App. Ct. 2012). “is slightly more complicated in that her testimony claimed 20 incidents of touching, and, as defendant notes, his motion to sever the trials related to S.”
People v. Thornton, 2020 IL App (4th) 180681-U (Ill. App. Ct. 2020). “” 725 ILCS 5/114-8(a) (West 2016). We observe the statute gives trial courts discretion in deciding whether to grant a motion for severance—they “may” grant relief.”
People v. Sutton, 2019 IL App (1st) 172085-U (Ill. App. Ct. 2019). “725 ILCS 5/114-8(a) (West 2014). The decision of whether to join separate charges is a matter within the sound discretion of the trial court, and we will not reverse that decision absent an abuse of that discretion.”
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