This is the next article in my series on the handling of felony charges in our area which involve violent crimes. My last article discussed how search and seizure issues impact cases involving violence. It is important to understand that if law enforcement violated a defendant’s Fourth Amendment rights, then any recovered evidence can be excluded from trial. An experienced attorney can assist you with determining whether or not your rights were violated. In this article, I will be discussing why defendants in such cases may face multiple charges for what seems like one course of conduct. If you are in need of assistance then contact my office today to speak with a criminal defense lawyer.
Illinois defendants can face numerous criminal charges for what seems like one violent act
Illinois law permits prosecutors to charge numerous crimes for what seems to many as if it is one continuous course of conduct. If an individual’s alleged actions fit the definition of multiple crimes, then the prosecutor is allowed to charge each offense. If an individual is convicted on all counts then they will have a separate conviction, for each listed offense, on their permanent criminal record. Depending on the nature of the charges, the Court may impose “consecutive” sentences for these varying offenses. This would mean that a defendant would have to complete all of the time required for one count before time begins to be credited towards the next charge. If, on the other hand, the Court runs the sentences “concurrently,” then time will simultaneously be credited towards all charges. How a Court will issue a sentence is always going to depend on the nature of the convictions, the facts of the case, and more.
Consider the following example. Joe is a convicted felon. He enters a store with the intention of shoplifting inside. He is in possession of a gun. He puts a candy bar in his pocket and, while leaving, the clerk yells for him to stop. Joe runs and on his way out of the store he shoves a patron to the ground. Joe is arrested by an officer who happens to be in the parking lot. Joe will likely face charges for being a felon in possession of a firearm, burglary (for entering the store with the intention of committing a crime), theft, and assault (for shoving someone to the ground). Each of these acts will show as a separate charge on the charging documents. Joe, therefore, may end up with four separate convictions on his record.
What charges a prosecutor chooses to include in a case is largely within their discretion. If the case goes to trial, it is possible that a defendant may be found “not guilty” on one count while they are also found “guilty” on another. If there are search and seizure issues involved in a case (as discussed in my last article) then such issues may apply to all of the charges in the case or or they may only apply to some of them, depending on the facts. How to best proceed, when facing multiple charges, is something one must discuss with their attorney.
A criminal defense lawyer can help Peoria residents determine how to proceed
If you or a loved one are facing a multi-count set of criminal charges then an experienced attorney will give you an honest assessment of the situation and explain your options. It is often possible to reach a resolution in which an individual only has a single conviction on their final record, in the event the case cannot be defended outright. I am a former prosecutor and I work to provide the highest level of representation to each of my clients. Contact us online or by telephone to speak with a Peoria violent crime lawyer.
We also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.