This is the next article in my series on the handling of Class 3 felony charges in Peoria and other Illinois areas. My last article discussed the question of “can I go to prison for a Class 3 felony?” As I discussed, the answer to that question is “yes.” Such charges, however, are often probationable. This means that one may not necessarily have to be incarcerated. An experienced attorney can help to ensure that your rights are protected throughout the process. In this article, I will discuss a few common examples of such charges in our state. If you are in need of assistance then contact my office today to speak with a criminal defense lawyer.
There are several different types of conduct which fall within this class of offense. The entire list would be too long to include in this article. Some of the more common offenses include:
- Aggravated battery
- Theft of property worth between $500 and $10,000
- Certain forms of drug trafficking
- The use of a weapon by a felon
- Burglary
- Domestic battery (depending on whether an individual has three prior convictions)
- Etc.
It is important to understand that these charges are often brought in conjunction with other counts which flow from the same source of conduct. If, for example, an individual enters a store with the intention of stealing $750 worth of property, then they can face two separate Class 3 felony counts. One for burglary (due to the fact that they entered the property with the intention of committing a crime) and a second count for theft. The prosecution can also include additional felony and misdemeanor counts depending on the facts of the case.
How to defend any given case will depend on the facts of the matter. Suppose, for example, that the individual described above was detained by store security until police arrived. Now suppose that the individual did not properly waive his Miranda rights before the police began questioning him. During questioning, he admits that he entered the store with the intention of committing a crime. Due to the possible Miranda violation, the statement made to police may be ruled inadmissible in Court. How the Court will rule in any given situation, however, will depend on the specific facts of the case. Depending on the nature of the charges, other possible defenses may include asserting one’s Fourth Amendment rights, excluding the use of eyewitness testimony, or outright defending the charges at trial. How best to proceed is something which should be discussed with an experienced attorney.
If you have been arrested then contact my office today to speak with a Peoria criminal defense lawyer. I am a former prosecutor who is familiar with the workings of our local court systems and my office will give your case the attention it deserves. We pride ourselves on providing quality representation and we look forward to speaking with you. I also serve the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Shuyler, Stark, Tazewell and Woodford. I also handle federal cases in Urbana.