This is the next article in my series on the handling of Class 2 felony theft charges in Peoria and its surrounding areas. My last article discussed how Illinois penalizes Class 2 felony theft. It is important for defendants to understand that such a charge can result in up to seven years in prison. This is in addition to the penalties which may be associated with other charges. In this article, I will be expanding on my last discussion by answering the question of “can I receive probation for Class 2 felony theft?” While the answer to this question may be yes, whether to grant probation will be up to the Judge. If you are in need of assistance then contact my office today to speak with a criminal defense lawyer.
Peoria defendants may be eligible for probation when facing a felony theft charge
I have previously discussed whether Illinois Class 2 felony defendants can receive probation. As I discussed in that article, such offenses are generally probationable. A defendant must understand, however, the Judge will not grant probation simply because one is eligible for it. When determining whether or not to grant a term of supervision, the Court will consider the nature of the offense, the accused individual’s criminal history, whether they have taken responsibility for the conduct, and more. If the Court does grant probation, then the Judge will issue a sentence. That sentence, however, will be deferred. If the defendant succeeds on probation then their case will be closed. If their probation is violated, then the Judge may require that the issued sentence be served.
Given that Class 2 felony theft involves property with a value of over $10,000, these types of cases are less likely to result in probation than are lower level charges. This is due to the fact that theft of that amount will typically involve a higher level of premeditation, possibly a higher level of threatening conduct, or will often involve conduct which gives rise to additional criminal counts. These are situations in which it can be more difficult to argue that a defendant’s conduct is not indicative of potential risk. Given that a Class 2 charge will almost certainly involve a situation where the Court will view the conduct as more “egregious,” a Judge is more likely to require incarceration.
One of the strongest arguments in favor of probation will arise when an individual has no prior criminal record and their freedom will increase the chances of the victims receiving restitution. Suppose, for example, that Joe is arrested in Peoria for taking $15,000 out of his employer’s bank account so that he may pay personal expenses. Joe has no prior criminal history and does not have the funds available to pay restitution. If Joe were to go to prison for a period of time then the chances of the employer being repaid are exceedingly slim. If, however, Joe were to receive probation, which would include conditions of working and paying restitution, then this is likely a better outcome for the victim of the offense. A Judge may be more receptive to this argument. It must be remembered that how a Judge will rule is always going to depend on the specific facts of the case.
Contact a criminal defense lawyer if you have been charged with theft
A defendant should not believe that they are without options if they have been arrested for theft. In addition to being able to request probation, one may also have options available for defending against the charges. These options may include challenging the admission of evidence due to search and seizure violations, the presence of Miranda issues, challenging the value of the property, and more. How to best defend against the charges will always be determined on the facts of the matter. An experienced attorney will give you an honest assessment as to how to proceed.
If you have been charged with theft and are in need of assistance then contact my office today to speak with a Peoria criminal defense lawyer. I am a former prosecutor who devotes a substantial portion of his practice to protecting the rights of the accused. I believe that everyone is entitled to the highest level of representation and I look forward to speaking with you. Contact us online or by telephone to schedule an initial consultation. 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.