Depending on the circumstances of the crime,aggravated DUIconvictions can range in classification from Class 4 Felony all the way to the most serious felony, a Class X Felony. Steven Watkins (not real name) was charged with Aggravated Unlawful Use of a Weapon by a felon. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. Class 4 felonies are considered the least serious felony charge. Additionally, a person convicted of a DUI in Illinois may have to participate in community service and complete a drug and alcohol program. Second DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death (Class 4 felony, 1-3 years of imprisonment, fines of up to $25,000). Class 2 felonies in Illinois are punishable with three to seven years in prison and up to $25,000 in fines. Committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 4-X felony; penalties vary according to offense). The information on this website is for general information purposes only. Great bodily harm, permanent disability or disfigurement of a person as the result of a DUI is a Class 4 felony, with a prison sentence from one year to 12 years. Steven was a passenger in the vehicle. In addition to any possible criminal penalties, Illinois imposes administrative penalties in all DUI cases. from Fordham University, majoring in both Journalism and the Classics (Latin). A class one felony DUI is punishable by four to 15 years imprisonment. [ Attorney Bio ]. A Class 2 crime features a set of 3-7 per in the Illinois Department of Repair but is probationable. However, a Class 4 Felony charge is potentially eligible for an extended term. What Do I Do If the Other Driver Leaves the Scene of the Accident? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); How Much Time Can You Get For Two DUIs in Illinois? Class 4 Felony | Class Four Felony | LegalMatch If convicted, a defendant can receive a criminal fine of upwards of hundreds of thousands of dollars and a prison sentence that exceeds twenty years. Additionally, court supervision is not available for aggravated DUI offenders, so a conviction is likely to remain on your criminal record. Some examples of 4th Degree felonies include vehicular assault, unlawful sexual conduct with a minor, criminal mischief, and theft of a motor vehicle. Class 2 felonies in Illinois include arson and various drug possession. If you are convicted, you will have a criminal record that will follow you and affect the rest of your life, including your family and relationships, your education and career prospects, and even your chances of getting decent housing. Also, most misdemeanors are victimless crimes like traffic citations, disorderly conduct, and being in contempt of court. A prison sentence for aClass 4 felonyconviction is 1 to 3 years, and Class 4 felonyconvictions can also include fines of up to $25,000. In fact, many states require that a defendant who is convicted of a Class 4 felony serve a minimum jail sentence of at least one year and/or pay a fine of up to $10,000. A maximum of 3-7 years in jail if no aggravating factors are present. If the offender knew or should . In addition, a person who is convicted of a Class 4 felony and then gets charged with committing a crime again in the future, will receive a punishment that corresponds with a Class 1 felony if convicted. Warnings to Motorist and Notice of Statutory Summary Suspension. Copyright 1999-2023 LegalMatch. This site is maintained for the Illinois General Assembly Illinois Criminal Law: Class 3 Felony | Dolci & Weiland The punishment for a Class 1 felony is a fine up to $25,000 and/or four to 15 years in state prison. See 730 ILCS 5/5-4.5-45. CAN THE POLICE ENTER YOUR HOME WITHOUT A WARRANT? Aggravated DUI with Death or Great Bodily Harm in Illinois Aggravated DUI also differs than a regular DUI in that some convictions carry mandatory jail time. There are two main differences between felony and. MSR 2 years; CLASS 1 FELONY: Between 4-15 years in the Illinois Department of Corrections; Between 15-30 years in the Illinois Department of Corrections if you are extended term eligible (previous Class 1 or greater within past 10 years) Call the Law Offices of Jack L. Zaremba, P.C. case or situation. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). In Illinois, once sentenced, convictions cannot be expunged for any criminal offense, whether a misdemeanor or felony. Our office is in DuPage County (Woodridge, IL) we offer free consultations. Nothing on this site should be taken as legal advice for any individual POTENTIAL CHANGES IN ILLINOIS CRIMINAL LAW, The Chicago Criminal Defense Attorneys Scholarship, Assault and Battery Criminal Defense Lawyer, Criminal Defense Lawyer For Juvenile Crime in Chicago. Fax: (312) 427-1289. var bbbprotocol = ( ("https:" == document.location.protocol) ? If you have been arrested and charged with a crime, the next step is to obtain a skilled and experienced defense attorney so that you can explain the details of your arrest and learn about your rights as a U.S. citizen. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. PDF NOTICE: This order was filed under Supreme Court Rule 23 and is not Most DUIs in Illinois are a misdemeanor. What Is a Class 4 Felony in Illinois? | Wolfe & Stec CAN YOUR LOVED ONE BE RELEASED FROM COOK COUNTY JAIL DUE TO THE CORONAVIRUS? Degree felonies include vehicular assault, unlawful sexual conduct with a minor, criminal mischief, and theft of a motor vehicle. Class 4 Felony In IIlinois Watch on Extended Term Eligible? Aggravated DUI Illinois | Class 4 Felony DUI Penalty An Aggravated DUI is a FELONY . All felony charges are called aggravated, and they are at a minimum categorized as a Class 4 felony. Peoria Criminal Defense & Personal Injury Lawyers | Schierer & Ritchie, LLC. If you are being charged with a DUI you can contact James Dimeas anytime for a free and confidential consultation. Aggravating factors that trigger a class 4 felony DUI include: Class 3 felonies in Illinois carry a punishment of two to five years in prison and up to $25,000 in fines. In addition, your lawyer can determine whether there are any defenses you can raise against the charges, can provide representation in court, and can request that a sentence be reduced or propose an alternative sentencing option. This is generally known as the Statutory Summary Suspension process. Under the right circumstances, some records for misdemeanors, specifically Class 3 and Class 4 felonies, may be sealed. Despite the fact that a Class 4 felony is a relatively lesser charge than being charged with a Class 1 felony, it can still lead to serious consequences, such as a state prison sentence of up to one year or longer, and having to pay fines of up to $10,000 or more. Decriminalizing the possession of small amounts of controlled substances for personal use, and, if this isnt adopted, lowering the threshold necessary to trigger felony drug possession. Requiring that punishment be more proportionate to the crime committed allowing offenders to work to reimburse victims for the value of the property taken, and reserving prison space for those who have committed more serious offenses. How Do I Beat a Felony Drug Charge in Illinois? Our team is committed to open communication and developing a strong relationship with each of our clients. A felony is a very serious offense in the U.S., so after serving your sentence, your life will encounter some obstacles. Driving a go bus to passengers under 18 years of age on board. 1 hurt, charged with DUI after Veterans Parkway crash in Bloomington. Felony crimes also become part of your criminal record and can affect your ability to vote in elections, gain . These offenses are generally probationable. Class 4 Felonies A Class 4 felony is the least serious classification of felony charges, though a conviction can still carry a sentence of one to three years in prison and up to $25,000 in fines. We have a proven track record of getting our clients charges reduced or even dropped, and we can even help you challenge the automatic license suspension so you can continue living your life. If the DUI results in the death of another, even if its your first DUI, you could be charged with a Class 2 felony. Driving 20 miles per hour over the speed limit on a school day with children present and being involved in an auto accident involving bodily harm to another person. We know the court system and the judges, and we will work tirelessly to reach an outcome that is favorable to you. A class one felony DUI is punishable by four to 15 years' imprisonment. This category of crimes was initially formed to ensure that the criminal justice system allowed for flexibility when it came time to sentence a criminal defendant. Even after serving a prison sentence, a felony . CHICAGO IL 60604-3536, Phone: (312) 322-9000 Privacy Policy | SiteMap. Committed while driving a school bus carrying persons age 18 or younger (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). In general, felony charges typically cover a broad range of criminal activities and offenses. All rights reserved. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. A DUI with aggravating factors is known as an aggravated or felony DUI. Any DUI conviction in Illinois comes with serious punitive consequences, but the penalties for felony DUI are even more severe. The penalty for an aggravated DUI that is a class 4 felony is a minimum of 1 year of jail time. If this is your first or second DUI, you might only be charged as a misdemeanor, which carries a maximum penalty of a year in jail and a $2,500 fine. Our lawyers have answers. In addition to alcohol, driving while under the influence of prescription drugs, illegal drugs, or medical marijuana can also land you with a DUI charge. "https://" : "http://" ); document.write(unescape("%3Cscript src='" + bbbprotocol + 'seal-chicago.bbb.org' + unescape('%2Flogo%2Frobert-jcallahan-and-associates-88605042.js') + "' type='text/javascript'%3E%3C/script%3E")); Class 1 Felony Possession of an Controlled Substance , Aggravated Unlawful Use of Weapon by a Felon , Unlawful Use of a Weapon Class A Misdemeanor , Unlawful Use of a Weapon Class A Misdemeanor-, Possession of Controlled Substance- Class 4 Felony , Aggravated Unlawful Use of a Weapon Class 4 Felony , Leaving the Scene of an Accident Class A Misdemeanor , Criminal Damage to Property Class A Misdemeanor , Domestic Battery Bodily Harm Class A misdemeanor , Applied for Clemency on Cannabis charges , Three (3) separate cases of manufacturing/delivery of cocaine Class 1 felonies , Copyright (c) 2009 to 2021 All Rights Reserved Robert J Callahan | 312-322-9000, STORE OWNER SHOOTS & KILLS LOOTER- NO CHARGES FILED AFTER HIRING. & But there are situations where you could be charged with a felony. Aggravating factors that trigger a class 4 felony DUI include: Driving a school bus with minors onboard Involvement in an accident that causes great injury, disfigurement, or permanent disability, even if it is your first DUI In Illinois, crimes are classified according to how serious they are. The penalty for a Class X Felony in Illinois will vary based on your case and is determined by the judge. In general, the Class 1 felony label is typically reserved for the most serious types of felonies, such as first-degree or second-degree murder, and tend to result in the most severe forms of legal penalties (e.g., a prison sentence). Estate It is not a matter of the judge's discretion in sentencing. See 625 ILCS 5/11-501(d)(2)(F) describing Aggravated DUI With Great Bodily Harm with a sentencing range of (1-12 years). Her role entails writing legal articles for the law library division, located on the LegalMatch website. Serving Illinois cities such as: Joliet, Bolingbrook, Frankfort, Plainfield, Shorewood, Beecher, Braidwood, Channahon, Crest Hill, Crete, Custer Park, Elwood, Homer Glen, Lockport, Manhattan, Mokena, Monee, Naperville, New Lenox, Peotone, Rockdale, Romeoville, Coal City, Wilmington, Morris, Minooka, Braceville, Carbon Hill, Coal City, Diamond, Dwight, East Brooklyn, Gardner, Godley, Kinsman, Mazon, Verona, Aurora, Boulder Hill, Lisbon, Millbrook, Millington, Montgomery, Newark, Oswego, Plano, Plattville, Sandwich, Yorkville, and Little Rock. What is a Class X felony in Illinois? - CRIMINAL LAWYER ILLINOIS In Illinois, any of the following circumstances can make result in a felony charge following a DUI arrest: In Illinois, aggravated DUI convictions are subject to a maximum fine of $25,000 in addition to other penalties which vary depending on the circumstances of the crime. Attorney and Practice Magazine gave James Dimeas the Top 10 Criminal Defense Attorney Award for Illinois. The National Academy of Criminal Defense Attorneys gave James Dimeas the Top 10 Attorney Award for the State of Illinois. A DUI is a class 4 felony if the driver was transporting two or more passengers for hire. Class X may be a more serious version of other crimes that begin as a lower level charge, such as aggravated criminal sexual assault, while criminal sexual assault is a Class 1. (This may not be the same place you live). When Is A DUI A Felony In Illinois? | DUI Lawyers 24/7 While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Reckless Discharge of a Firearm, 720 ILCS 5/24-1. Defendants convicted of a Class 4 felony will not only have to add this crime to their criminal record, but will also have to check off that they are a convicted felon after serving jail time. Some common crimes that fall within the Class 2 Felony classification in Illinois are: burglary, controlled substance trafficking, possession of a stolen gun, unlawful cannabis manufacturing, aggravated battery of an unborn child, arson, unlawful possession of a gun by a street gang member, forcible detention, kidnapping, compelling organization membership, methamphetamine-related child endangerment, robbery, theft over $500, child photography by a sex offender, unlawful disposal of methamphetamine manufacturing waste, bid rotating, bribery, abuse of a corpse, inducement to commit suicide, ritual mutilation, vehicle theft conspiracy, and many more. Law, Intellectual This same concept can work in reverse as in when a defendant commits a misdemeanor offense, but deserves a harsher punishment due to some unique factor that occurred during commission of the crime. Remember, the law places a heavy burden on the government, and you have to be proven guilty beyond a reasonable doubt. Class 4 felony charges can lead to very serious consequences. Committed while driving a school bus carrying persons age 18 or younger (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). Illinois Traffic & Criminal Law Blog - O'Donnell Law This will apply even if its your first DUI. There is one offense that is technically a Class 4 offense because it has a minimum term of imprisonment of 1 year. Your email address will not be published. 1st DUI Illinois DUI First-time Offender, Forced Blood Draw for DUI: Definitive Guide for Illinois DUI, Watch out for these Top Three Illinois DUI Laws in 2019, DUI committed without a valid drivers license, DUI committed without liability insurance. 5th violation - Class 1 felony - Aggravated DUI Offense is NOT probationable 4-15 years in IDOC (Illinois Department of Corrections) If your BAC was over .16, an additional mandatory minimum fine of $5000; What happens to my license? The seasoned Illinois criminal defense attorneys at Wolfe & Stec, Ltd. have extensive experience handling all levels of felony offenses. Whether your criminal lawcase is seemingly straightforward or highly complicated, we can help. Driving in a school zone (20 mph speed limit on a school day with children present) and being involved in an accident involving bodily harm to another. The contact form sends information by non-encrypted email, which is not secure. You can learn more about Jaclyn here. Under Illinois law, a prison sentence for a Class 4 felony conviction must fall within 1 to 3 years. Your The sentence of imprisonment for an extended term Class 4 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 3 years and not more than 6 years. If you are being charged with a DUI, you can contact us anytime for a free initial DUI consultation. PDF Illinois Official Reports Law Practice, Attorney We examine the facts, the individuals involved, and the evidence available, and work hand in hand with our clients throughout the criminal process. James Dimeas is an award-winning DUI lawyer with over-27 years of experience handling DUI cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. The Felony Illinois Handbook is a free resource for anyone seeking information about felony crimes and penalties in the State of Illinois. See also730 ILCS 5/5-8-2(a),730 ILCS 5/5-4.5-5,730 ILCS 5/5-5-3.2(b). immediately for further legal advice. The penalty for an aggravated DUI that is a class 4 felony is a minimum of 1 year of jail time. The police found an unregistered handgun in the glove box and arrested Steven. The repercussions of being found guilty of DUI which led to death or serious bodily harm can be devastating. In fact, many states require that a defendant who is convicted of a Class 4 felony serve a minimum jail sentence of at least one year and/or pay a fine of up to $10,000. Although a Class 4 felony is the least serious of all felony charges, it still is a serious charge, with serious punishments. What is the penalty for aggravated DUI in Illinois? Thus, if you are facing charges for a Class 4 felony offense, then you should contact a local criminal lawyer immediately for further legal advice. Class 4 Felony in Illinois - Up to 3 years in prison and/or a fine of up to $25,000; . However, a Class 4 Felony charge is potentially eligible for an extended term. For the first or second violation, aggravated DUI is generally punishable as a Class 4 felony. This is known as Aggravated Driving Under the Influence, or Aggravated DUI. Class X Felonies in Illinois In fact, it's a felony - and the class of felony it falls under depends on the circumstances of your case. LegalMatch, Market Committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). We are good listeners and provide honest answers to questions our clients have. Click here. Aggravated DUI is a serious crime. There are many aggravating factors that could turn your DUI into a felony. Count 2 charged defendant with aggravated DUI as a Class 4 felony, alleging that defendant was driving under the influence of alcohol while his license was revoked (625 ILCS 5/11-501(a)(2), (d)(1)(G), (d)(2)(A) (West 2016)). It can also affect a persons reputation within their community and their relationships with family members and friends. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. When Is DUI Considered a Felony in Illinois? | Oakbrook Terrace Felony convictions can determine if you qualify for federal assistance for student loans, but this status is also changing. The Felony Illinois Handbook is NOT an official document of the State of Illinois and does not include every single criminal charge on record. A Class X felony charge is reserved for the most egregious DUI cases. Some examples of crimes that may qualify as a wobbler offense include driving under the influence (DUI), burglary, carrying a loaded firearm in public, assault, criminal threats, forgery, and some kinds of drug offenses. DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death (Class 3 felony, 2-5 years of imprisonment, fines of up to $25,000). Dog fighting or other animal-related crimes. Whenever someone is facing criminal charges, they need to speak with a criminal defense attorney immediately. not yet taken effect, the version of the law that is currently in effect may have already Prior to the preliminary hearing, the usual initial preparation of subpoenaing the police reports, talking to the prosecutors, Robert J. Callahan & Associates appeared in court with Steven prepared and ready for the preliminary hearing. This is true even if the second crime they committed is only categorized as a Class 4 felony. A Class 3 Felony in Illinois is the 4th most serious felony offense in the State of Illinois. 4: Felony: Aggravated Flee/Attempt to Elude Police Officer: 625-5/11-204.1: 4: Felony: Penalties for a Third DUI in Illinois. Aggravating factors that can trigger a class 2 felony DUI include: The attorneys at Schierer & Ritchie have decades of combined experience handling DUI cases throughout Peoria and the surrounding areas. If you are seeking information about a misdemeanor in Illinois, we recommend the Misdemeanor Illinois Handbook. Anyone charged with a felony needs the best defense available, as prosecutors will be fighting to impose the steepest of punishment. Revocation period determined by offense. A minimum of 90 days in jail if your BAC was 0.16% or more. This category of crimes was initially formed to ensure that the criminal justice system allowed for flexibility when it came time to sentence a criminal defendant. See theGeneral Illinois Sentencing IndexTo learn more about extended terms. We explain all elements and processes of the case and come up with an effective defense strategy. A DUI conviction is a Class 4 felony charge if you were transporting a minor younger than 16 years old in your vehicle, and it resulted in bodily harm to the child. DUI offenses that occur while the driver has a suspended, revoked, or restricted license related to a prior DUI or certain other serious driving offenses are class 4 felonies. Aggravated DUI Illinois | Class 4 Felony DUI Penalty / Illinois A Class 2 felony DUI conviction carries a prison sentence of three to seven years. Illinois Statutory Summary Suspension Statute: 625 ILCS 5/11-501.1. You are eligible for probation, but in order to be sentenced to probation, the Judge has to find extraordinary circumstances to avoid imposing a prison sentence. The second is that a defendant who is convicted of a felony offense will often receive a harsher sentence. In Illinois the lowest level felony offense is a Class 4 Felony. How Much Does It Cost to File for Divorce in Illinois? A Class 1 Felony in Illinois is the 2nd most serious class of felonies in the State of Illinois. Not only will you face a suspension of your driving privileges if you test .08 or above blood alcohol content while driving a motor vehicle, you could face the suspension of your driving privileges if you refuse to submit to a blood alcohol test. Under DUI Illinois laws, you could face charges for impaired driving if you are impaired by alcohol or any other drugs or intoxicating compounds including marijuana and prescription medications. Possession of A Controlled Substance (Less Than 15 Grams) 720 ILCS 570/402(c). Nonetheless, the State argued that because defendant was charged under subsection (d)(2)(B), that provision's express classification of the offense as a Class 2 felony must control. Committed without a valid drivers license or permit (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). Driving with a Suspended or Revoked License, Proposed Bill Would Limit Police Searches in Traffic Stops for Suspected Cannabis DUI, Illinois Bill Introduced to Stop Schools From Calling Police on Students for School Infractions. However, not every state includes Class 4 felonies in their rating system. Jaclyn started at LegalMatch in October 2019. Most aggravated DUI offenses range in severity from Class 4 felonies to Class 2 felonies, with possible prison sentences of between one and seven years, fines of up to $25,000, and other potential consequences. Home Blog When is Driving Under the Influence a Felony in Illinois? Bruce Rauner created a criminal justice task force to identify areas of the criminal justice system that could be reformed, starting with changing how the state responds to low-level, nonviolent drug and property felonies so that low-level offenders no longer have to serve lengthy prison terms. Increasing the threshold necessary to trigger a Class 4 felony retail theft offense from the current $300. What Is the Difference Between First- and Second-Degree Manslaughter? Aggravated DUI is a class 4 felony. Click on the criminal defense case victory links below to learn how we won each case. For example, while a particular crime may traditionally be categorized as a felony, there are certain circumstances that may call for punishing a criminal defendant, but perhaps not as harshly as would be required for a felony. We know the judges and the court system and will aggressively explore every avenue for your defense. 2023 The Law Offices of Matthew R. Gebhardt, P.C. The penalty for a Class 2 Felony in Illinois will vary based on your case and is determined by the judge. Class 4 Felony Unlawful Use of Weapon - NOT GUILTY Class 1 Felony Possession of an Controlled Substance - CASE DISMISSED Domestic Battery - CASE DISMISSED Theft and Possession of Bank Identification Card - Class A Misdemeanor - CASE DISMISSED May 2022 Suppose a defendant is charged with the felony crime of grand theft. The State acknowledged that a separate provision, subsection (d)(2)(A), generally classified aggravated DUI as a Class 4 felony. Difference Between Illinois DUI & Aggravated DUI | 625 ILCS 5/11-501 Illinois Aggravated DUI Convictions & Sentences | DuiDrivingLaws.org If the DUI results in another person's death from a motor vehicle, ATV, snowmobile or watercraft, it is a Class 2 felony. . The result has been a big drain on our state due to increased prison budgets, growth in thenumber of people cycling in and out of prison, wasted human capital and strain on a system that has become too big to manage. This can have a devastating effect on a persons ability to find a job once they complete their sentence, secure decent housing, and will eliminate their right to vote. Arrested for a DUI. your case, How to Prepare for a Consultation with a Felony Lawyer, Felony Expungement Lawyers: How Long Do Felonies Stay on Your Record, What is a Felony? This is a Class 4 felony, which is punishable by 1-3 years in the Department of Corrections. There are two main differences between felony and misdemeanor offenses. Illinois's DUI Laws Every state provides different levels of degrees or classes to categorize the seriousness of a crime. Effective July 18, 2003 Established Aggravated DUI involving a death as a Class 2 felony, with possible imprisonment of 3-13 years if the violation results in the death of one person or Some common crimes that fall within the Class 1 Felony classification in Illinois are: residential burglary, criminal sexual assault, cannabis trafficking, vehicular invasion, aggravated insurance fraud, second degree murder, gunrunning, street gang recruiting on school grounds, aggravated robbery, vehicular hijacking, indecent solicitation of a child, child pornography, falsely making a terrorist threat, promoting juvenile prostitution, taking a hypodermic syringe inside a penal institution, firearms trafficking, delivery of a controlled substance to a pregnant woman, possession of a deadly substance, possession of cannabis over 5,000 grams, trafficking in persons, and more. refers to a criminal offense that can be punished as either a misdemeanor or felony.
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