Class 3 felony

First felony offense eligible for deferred prosecution under Offender Initiative Program

December 29, 2012
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A person who is charged with a felony but has no criminal background will benefit from a new state law in 2013 that allows for dismissal. The Offender Initiative Program is a new statute modeled after the deferred prosecution program developed by Cook County State’s Attorney Anita Alvarez. The statute will apply in all counties [...]

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Illinois theft laws: elements of the offense and penalties

June 11, 2012
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The offense of theft under Illinois law is misunderstood. Many people think that because it is not a violent offense, and in some cases, it has no discernible victim, it is not a serious offense. This thinking is wrong. Theft can result in a jail sentence. A person who is arrested for theft, assuming he [...]

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Important changes to Illinois retail theft laws in the year 2012

April 24, 2012
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Illinois state law concerning retail theft has seen some significant changes in the year 2012. State lawmakers in Springfield have overhauled the retail theft statute. First, the offense is no longer found under 720 ILCS 5/16A-1. That section was repealed, and replaced by Section 16-25. All charges for retail theft written in 2012 fall under [...]

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Possession of a fraudulent identification card: a serious offense

February 17, 2012
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Many people would be surprised to know that possessing a fake ID in the state of Illinois can result in felony charges. While it has been a right of passage for young people to use fake IDs to buy alcohol and get admitted to over-21 establishments, the law in Illinois punishes this practice severely. The [...]

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Illinois law changes definition of forgery in 2012

January 16, 2012
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State lawmakers made several changes to the Criminal Code in 2012. New crimes have been established and penalties for old crimes have been increased. One of the most important changes in Illinois law concerns forgery. This offense is a Class 3 felony which is punishable by 2-5 years in prison. The maximum fine for such [...]

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Illinois felonies result in conviction despite fact that offender has no criminal background

May 24, 2011
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A person with no experience in the criminal justice system will see that the courts make a distinction between felony and misdemeanor cases. In almost every courthouse in Illinois, felony cases are heard by a judge who hears only felony matters. The judge presiding over felony cases is usually a Circuit Judge. These judges are [...]

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Illinois law on felony probation sentences, generally

May 20, 2011
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The principal rule in regards to felony sentencing in Illinois courts is that the judge is not allowed to sentence the defendant to a conviction only. Rather, the law requires that the judge must sentence the defendant to a conviction combined with some other terms. Usually in felony cases, the judge has discretion to sentence [...]

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Summary of felony prison sentences

April 9, 2011
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Illinois law provides that a felony is any offense for which the penalty is one year of imprisonment or more. A misdemeanor, by comparison, is punishable by less than one year imprisonment. Among the various felony offenses, the law distinguishes them in the following way: Class X felony: Mandatory sentence of 6-30 years in the [...]

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Penalties for possession of drug paraphernalia under Illinois law

November 19, 2010
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Illinois law makes it a criminal offense to knowingly possess drug paraphernalia. The law does not distinguish between the type of drug the paraphernalia is used for. The penalties for possessing a pipe to smoke marijuana are the same as a needle to shoot heroin, even though heroin is regarded as a more dangerous drug. [...]

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Penalties for the offense of retail theft under Illinois law

August 20, 2010
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Shoplifting is a serious crime in Illinois and the law imposes harsh penalties on anyone who is caught stealing from a store. The statute in Illinois governing the criminal offense of retail theft is 720 ILCS 5/16A-13. Anyone who is charged with retail theft for the first time is likely to be surprised at how [...]

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