This is the next post in my series on cases in our area involving Class 2 felony theft charges. My last article addressed the question of “what is Class 2 felony theft in Illinois?” It is important to understand that how a charge is classified will typically depend on the value of the property taken. The nature of the property itself is normally not the determinative factor. An experienced attorney can assist you with determining why a particular matter was charged. In this article, I will be discussing our state’s penalties for this level of offense. If you are in need of assistance then contact my office today to speak with a Peoria criminal defense lawyer.
Illinois Class 2 felony charges can result in up to seven years in prison
As mentioned in my previous articles, Class 2 felony theft occurs in Illinois when an individual takes property that is valued between $10,000 and $100,000. The potential penalty for this offense is three to seven years in state prison. Also, an individual may be required to pay restitution as part of a sentence. Once a sentence is completed, the defendant will have a permanent criminal record. This means that they will have difficulty obtaining employment, difficulty with passing a background check for housing, and will likely be disqualified from holding many professional licenses. Finally, one will be forever barred from possessing a firearm, anywhere in the United States, under federal law.
These types of charges are generally probationable. Whether to grant probation, however, is solely within the discretion of the Trial Court. When determining whether or not to grant probation, the Court will consider issues such as the nature of the offense, the history of the defendant, and more. If probation is granted then the Court will impose a sentence. That sentence, however, will be suspended while the defendant completes their term of supervision. Requirements of supervision will typically include checking in with a probation officer, refraining from drugs, being employed or enrolled in school, and staying out of trouble. If the terms of supervision are violated, then the Court may require that the defendant serve the originally imposed sentence.
It should also be noted that an accused person may serve additional time if they are charged with multiple counts. Many theft cases, for example, are paired with a burglary charge. This is due to the fact that entering a building, with the intention of committing theft, is “burglary” in and of itself. If a defendant is convicted on several counts then there may be times in which the Court requires that the sentences be served consecutively. This means that time served will only count towards one count. Once a sentence for that count is completed, time will begin to be credited towards the next count.
Contact a Peoria defense lawyer if you are charged with theft
If you or a family member have been charged with theft then it is important that you contact an attorney as soon as possible. Counsel will take immediate steps in such a case. Such steps include obtaining all discovery from the prosecutors, filing any necessary Motions, and conducting any necessary investigation. Possible defenses in such matters can include a lack of intent, disputes regarding the valuation of the property, as well as search and seizure issues. How to best defend a matter will always depend on the specifics of the circumstances.
If you need assistance then contact my office today to speak with a Peoria criminal defense lawyer. I am experienced in the handling of theft charges and my firm will give your case the attention it both needs and deserves. I pride myself on providing a high level of service and I look forward to being of assistance. Reach out online or by telephone today. 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.