The Illinois Compiled Statues were enacted by the Illinois General Assembly as a criminal code with two main categories of crimes: felonies and misdemeanors. Also, a felony in the state of Illinois may have a different definition and a different punishment when compared with the same crime in another state.
If you are accused of committing a felony in the state of Illinois, you will need to understand the Illinois felony process and the attorneys at Fagan, Fagan & Davis focus on Illinois legal defense including driving under the influence (DUI) at courthouses in Cook County, Lake County and DuPage County.
While first arrests for DUI are misdemeanors, an individual who is charged with a second DUI offense where a minor is located in the vehicle, the charge is considered to be a Class 2 felony or an aggravated DUI in the state of Illinois, which is punishable by sentence of up to three years in jail, a monetary fine of up to $25,000, plus the performance of a minimum of 25 days of community service.
First step in Illinois felony DUI
The first step in the Illinois felony process is the arrest after an investigation or a search by law enforcement. For a law enforcement officer to conduct an investigative search, a warrant, which is legal permission to conduct the search, may or may not be necessary. If evidence of a crime is left in plain view, the officer does not need a search warrant to view the object. The same applies if you agree to allow the officer to conduct a search. If the officer is able to establish probable cause that you committed a crime you will be arrested.
At the point of arrest, you will be able to exercise your right to remain silent and to refrain from answering the investigator's questions so as to not incriminate yourself. You have the right to consult with an attorney and to contact your attorney. If you cannot afford an attorney, you will be assigned a public defender, a government-paid lawyer who will represent you in your Illinois felony case.
Felonies that carry mandatory sentences
The Illinois Compiled Statutes outlines five classes of felonies that all carry mandatory sentences of at least one year in prison.
- Class 4 felony: The least severe of the felony classes in the state of Illinois. These offenses carry a penalty of one to three years in the state penitentiary and may also require fines in amounts up to $25,000. Crimes in this category include stalking, felony DUI, and aggravated assault.
- Class 3 felony: More serious crimes that can carry a sentence of two to five years in the state penitentiary. The fine for this class can increase up to $25,000. Class 3 felony crimes include aggravated battery and theft of property valued between $300 and $2,000.
- Class 2 felony: A person who commits a Class 2 felony faces imprisonment for three to seven years in the state penitentiary, and fines for this class can increase to as high as $25,000. Examples of Class 2 felonies include arson and theft between $2,000 and $10,000.
- Class 1 felony: These offenses can result in a sentence of four to 15 years in the state penitentiary. Fines can increase to as much as $25,000. Examples of Class 1 felonies are criminal sexual assault, possession of illicit drugs including cocaine, LSD or heroin, or theft of property valued between $10,000 and $100,000.
- Class X felony: The most serious of the felony classes. A person convicted of a Class X felony will likely face a sentence of between six to 30 years in the state penitentiary. As with the other classes, the court may assess fines in an amount up to $25,000. Crimes that fall under this class include aggravated criminal sexual assault.
A felony conviction can follow the offender even after release from prison or payment of the fine. Many convicted felons are unable to be bonded, which bars them from getting certain types of work. Felony offenders may not qualify for public assistance, such as welfare or federal funding for future housing. In addition, dishonesty about past felony convictions could lead to problems in the future.
The attorneys at Fagan, Fagan & Davis have defended countless clients against DUI charges throughout the Chicago area courts, including those located in Cook County, DuPage County and Lake County. The attorneys at Fagan, Fagan & Davis understand which defense strategies are the most effective in court and how to challenge evidence gathered by law enforcement and offered by the prosecution. Contact us now for a free consultation.
