This is the next article in my series on defending against Illinois charges which involve a violent crime. My last article discussed why defendants may face multiple felony charges in a single case. It is important to understand that prosecutors can bring multiple counts for what seems as if it is a single course of conduct. An experienced attorney can assist you with understanding the breadth and scope of the charges brought. In this article I will discuss the question of whether one can receive probation for a violent offense in Illinois. While the general answer to this question is “no,” it is nuanced. If you need assistance then contact my office today to speak with a Peoria criminal defense lawyer.
Illinois Statutes 730 § 5/5-6-3.4 Prohibits Probation For Violent Offenses
Illinois law prohibits a defendant from receiving probation if they have been convicted of a violent offense. Specifically, IL Statute 730 § 5/5-6-3.4(a-1) states:
…A defendant is not eligible for this probation if the offense he or she pleads guilty to, or is found guilty of, is a violent offense, or he or she has previously been convicted of a violent offense.
A “violent” offense is one which harm was inflicted upon a victim or in which harm was threatened, many sexual crimes, offenses involving a firearm, and more. This law means that a judge will not have discretion to impose a term of supervision even if the individual has no criminal record. Moreover, a defendant who is convicted of a non-violent offense will be ineligible for probation if they have previously been convicted of a violent felony.
An important caveat to the statute above is that it prohibits probation in matters in which the individual pleads guilty to, or is convicted of, a violent felony. It does not apply to situations in which a defendant faces felony charges but pleads guilty to a lesser non-violent offense or is convicted on a lesser charge at trial. This means, therefore, that individuals who face violent felony charges may possibly receive probation as many cases resolve in a conviction that is for a lower-level offense. It should be noted, however, that such people would only be eligible for probation. Whether or not to grant a term of supervision would be within the discretion of the Court.
The foregoing is best explained through an example. Joe Defendant has been told to leave a particular bar after becoming belligerent with another patron. He has also been told by management that he is “eight-sixed” and trespassed from the premises. The next day, Joe allegedly waits in the parking lot for the other patron to exit the building. When he does, Joe allegedly assaults him while brandishing a gun. Serious injuries result. Joe is arrested and charged with trespassing and felony assault and battery. There are serious issues, however, over the way in which Joe was identified. As such, the prosecution, agrees to allow Joe to plead guilty to only the trespassing charge. Joe, therefore, will be eligible for probation, but his eventual sentence will be up to the Court.
Contact a Peoria criminal defense lawyer if you are charged with a violent felony
If you have been charged with a violent felony then it is important that you retain an experienced attorney as soon as possible. Counsel will explain the potential consequences of your case and will identify any potential issues which may lead to an acquittal or a lesser conviction. These types of issues can involve search and seizure violations, Miranda violations, possibly defending the charges at trial, and more. Once you retain counsel, it is important that you follow their advice throughout the process.
I am a Peoria criminal defense lawyer and a former prosecutor. I am familiar with the workings of our local court system and understand that this is a serious time in your life. I will ensure that I am available to answer your questions and that you know what to expect while the process moves forward. If you or a loved one have been arrested then contact my office today 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.