This is the next article in my series on cases involving Class 4 felonies in our area. My last article provided examples of Class 4 Illinois felonies. Many individuals are surprised to learn that they can face felony charges for what they personally consider to be minor conduct. It is important to remember, however, that such charges carry a potential for prison time. An experienced attorney can assist you with understanding the different aspects of your case. In this article I will be addressing the question of “can I receive probation for a Class 4 felony?” If you or a loved one have been arrested then contact my office today to speak with a Peoria criminal defense lawyer.
Illinois judges may impose up to thirty months of probation for a Class 4 felony
Class 4 Illinois felony charges are generally probationable. When a Judge imposes probation then they will issue a prison sentence. The possible sentence on a Class 4 felony is one to three years in state prison. This sentence will be suspended in lieu of the individual being placed under supervision. The terms of supervision will typically include a requirement that the individual stay out of trouble, that they refrain from drug and alcohol use, that they complete community service, as well as a requirement of checking in with and following the mandates of a probation officer. If an individual successfully completes their term of supervision then their case will be closed. If, however, they violate the terms of probation then the Judge may require them to serve the sentence which was previously issued. Whether or not to revoke probation will be within the discretion of the Trial Court.
A defendant must understand that they are not entitled to receive probation even if they are eligible for it. The sentencing judge has discretion as to whether to grant a term of supervision or to require incarceration. When determining whether to grant supervision, the Court will consider the defendant’s prior criminal history, the nature of the offense, whether the individual took responsibility, as well as other factors. Also, if the Class 4 charges are paired or “stacked” with other criminal counts then the chances of incarceration likely increase. If the individual is convicted of an offense which is not eligible for probation, in addition to being convicted on a Class 4 felony charge, then they will be required to serve a prison sentence.
It is important for one to understand that the level of rights they enjoy will be reduced while they are serving probation. The United States Constitution provides individuals certain rights in regard to being able to refuse questioning from law enforcement and against entry into one’s home. When serving a term of supervision, however, one will generally be required to submit to questioning by the police and their supervising officer may enter their home at any time without a warrant. Moreover, one does not have to commit another offense for the supervising officer to request that the probation be revoked. Simply failing to check in with the officer or not keeping them up to date on something like a change of address can be grounds for revocation. An experienced attorney can help one to understand all of the ramifications of being on probation.
Peoria judges will have discretion as to whether probation should be revoked
As mentioned above, judges will have broad discretion when deciding whether or not an individual’s probation should be revoked. If the Judge were to believe that the individual is worthy of “another chance,” then the Court may reinstate the probation. It is quite common in probation revocation cases for defense counsel and the prosecution to reach an agreement. Through such an agreement, the individual will have their probation reinstated with additional requirements put in place. Whether such an agreement is possible, and whether the Court will accept it, is always going to depend on the specifics of the case.
If you have been charged with a felony then it is important that you speak with an attorney as soon as possible. I am a Peoria criminal defense lawyer and a former prosecutor who is familiar with the workings of our local Court system. I am experienced in the handling of Class 4 charges and I believe that everyone is entitled to effective representation. If you or a loved one are in need of assistance then contact my office today. I look forward to speaking with you.
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.