This is the next post in my series on the handling of Class 3 felony charges in Peoria and other Illinois areas. My last article addressed the question of “what is a Class 3 felony in the state of Illinois?” It is important to understand the nature of the charges which one faces. This is especially true when someone is dealing with the criminal justice system for the first time. Retaining an attorney is an important step towards fully understanding your situation. This article will continue the discussion by addressing the common question of whether one can go to prison for such an offense. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Illinois residents can receive two to five years in prison for a Class 3 felony
Illinois punishes Class 3 felonies with a potential prison term of two to five years. This means that the answer to whether or not one can go to prison for such an offense is “yes.” It is important to remember, however, that such offenses will typically be probationable. This means whether or not to impose a prison sentence, or to grant probation, will be within the discretion of the judge. The judge will consider several factors when determining whether or not to grant probation. These factors will include the nature of the offense, any prior criminal history of the defendant, whether the defendant appears remorseful and has taken responsibility for their actions, whether the defendant has otherwise been a productive member of society, and more. The Judge’s discretion, as to whether or not probation should be granted, is quite broad and it should be noted that appealing a decision to deny probation is highly difficult.
If the defendant receives probation then the Judge will issue a sentence. This sentence, however, will be suspended while the individual serves their term of supervision. This term will often include reporting to a probation officer, a requirement of staying out of trouble, possible drug testing, and more. If the individual successfully completes their term of probation then the case will be closed and they will not have to serve the imposed sentence. If the individual violates probation then the Judge will have discretion as to whether or not to require that the sentence be served. If the Judge chooses to not require that the sentence be served, then they will often impose additional probation requirements or extend the term of supervision. If the violation of supervision involves the commission of a new offense then the Judge will often require that the defendant go to prison.
Contact a Peoria attorney immediately if you are facing criminal charges
If you or a family member are facing criminal charges then it is important that you contact a lawyer as soon as possible. Counsel will explore all possible options for outright defending against the charges. If a complete defense is not an option then they will try to reach a more favorable resolution on your behalf. Should sentencing be necessary, then your representative will make the best possible case to the Judge that you are not a threat to the community, that either a lesser sentence should be imposed, or that you should be granted probation. While the outcome of any given case will depend on the facts of the situation, having experienced counsel helps to ensure that your rights are protected.
If you require assistance then contact my office today to speak with a Peoria criminal defense attorney. I am a former prosecutor who is experienced in handling such matters and I pride myself on providing quality representation. Contact my office online or by telephone to schedule an initial consultation. 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.