Yes, shoplifting can be charged as a felony in Illinois, and the Law Offices of Andrew Weisberg can help you protect your future. Even a small mistake at a store can lead to serious legal trouble that follows you for years.

If you were stopped or arrested for shoplifting, talk to a Chicago, IL criminal defense lawyer at the Law Offices of Andrew Weisberg. Getting legal help now can make a real difference in how your case plays out.

What Is Shoplifting Under Illinois Law?

In Illinois, shoplifting is called retail theft under 720 ILCS 5/16-25. It includes taking items without paying, hiding them, switching price tags, or removing security devices.

It doesn’t matter if the item is small or large, if it’s taken without permission, you could face charges. If this sounds like your situation, talking to a Chicago retail theft lawyer right away can help protect your rights.

When Does Shoplifting Become a Felony in Illinois?

Shoplifting becomes a felony depending on the value of the items stolen or where the theft happens. If the total value is over $300, the charge can be a Class 3 felony. Stealing from schools, churches, or government buildings can also lead to felony charges, no matter the value. Even if the stolen amount is less than $300, previous theft convictions can bump your charges to felony level.

Penalties for Felony Shoplifting Charges in Illinois

Felony shoplifting in Illinois can lead to:

• 2 to 5 years in prison
• Fines up to $25,000
• A permanent criminal record

These penalties can affect your future, making it harder to find jobs, housing, or even qualify for certain licenses. A Chicago criminal defense lawyer can help you try to avoid these long-term consequences.

How Prior Convictions Affect Shoplifting Charges in Illinois

If you have previous theft-related convictions, Illinois law treats new shoplifting charges more harshly. Even smaller theft amounts could lead to felony charges because of your criminal history.

This makes it essential to work with an experienced Chicago criminal defense attorney who understands how to handle repeat offenses.

Common Defenses to Felony Shoplifting Charges

There are several defenses that might apply to your case, such as:

• You didn’t intend to steal
• The evidence was not legally obtained
• It was a case of mistaken identity
• You were accused unfairly or without enough proof

If you’re unsure which defense fits your situation, a skilled Chicago criminal defense lawyer at the Law Offices of Andrew Weisberg can explain your options and help build a strong defense.

What To Do If You’re Charged With Felony Shoplifting in Chicago

If you’re charged with felony shoplifting, the first thing to do is stay calm. Don’t answer questions or give statements to the police without a lawyer present. Instead, write down everything you remember about what happened as soon as you can.

Most importantly, contact a Chicago retail theft attorney at the Law Offices of Andrew Weisberg right away. The sooner you get experienced legal help, the stronger your defense will be.

Contact a Chicago Criminal Lawyer Today For Free Consultation

If shoplifting charges are threatening your future and causing you worry, don’t face this difficult time alone. You deserve a strong defense and a Chicago criminal attorney who truly cares about protecting your rights.

Call the Law Offices of Andrew Weisberg at (773) 908-9811 or contact us online today. We are here to defend your rights and preserve your freedom, because your future matters.

When you think of a felony, you probably picture courtroom drama and potential prison time. But in Chicago, a felony conviction is just the beginning of a much bigger story. The consequences that follow can affect your life in ways you might not expect, from being locked out of certain job markets to losing basic rights like voting or gun ownership. It’s not just about serving time—it’s about navigating a world that often closes its doors to convicted felons.

What Is Considered a Felony in Chicago?

Felonies are serious offenses under Illinois law. They are typically more severe than misdemeanors, often resulting in less harsh penalties such as shorter jail time or fines. But felonies? They can land you in prison for years, if not decades, and come with lasting ramifications.

Legal Classification of Felonies in Illinois

In Illinois, felonies are classified into five categories: Class X, Class 1, Class 2, Class 3, and Class 4. Class X felonies are the most severe, involving crimes like armed robbery or aggravated sexual assault. Lower classifications—like Class 4 felonies—cover less violent but still severe crimes, such as some types of drug possession or property crimes. The class of felony you’re convicted of significantly affects your sentence.

Types of Felony Offenses

In Chicago, common felony crimes include:

• Drug trafficking
• Aggravated assault
• Fraud
• Burglary
• Violent crimes like murder or armed robbery

Each crime carries its own legal and personal consequences, but they all share one thing: a felony conviction will follow you long after your sentence is served.

Immediate Legal Consequences of a Felony Conviction

Incarceration and Fines

In Illinois, felonies come with hefty prison sentences and financial penalties. For example, a Class X felony could land you in prison for six to thirty years without the possibility of probation. On top of that, felons are often required to pay substantial fines and restitution, which can put financial strain on both the convicted individual and their family.

Probation and Parole

Probation and parole are common alternatives or additions to prison time. However, these come with stringent conditions. If you’re placed on probation or parole, you must regularly check in with an officer, comply with strict rules, and avoid further legal trouble. Violating any conditions of probation or parole can send you straight back to prison.

Long-Term Personal Consequences

Once the legal dust has settled, the real battle begins. Life after a felony conviction is far from easy, and the personal consequences can be just as harsh as the legal ones.

Employment Challenges

Employers in Chicago can legally conduct background checks, and many are hesitant to hire someone with a felony conviction on their record. Certain industries, like education, healthcare, and finance, may flat-out refuse to consider felons for employment. That said, some state laws aim to mitigate this, but the road remains tough.

Impact on Housing Opportunities

Looking for a place to live? Be prepared for rejection. Landlords are often reluctant to rent to individuals with felony convictions, and public housing in Chicago has strict rules that can disqualify felons from eligibility.

Loss of Voting Rights

In Illinois, convicted felons lose their right to vote while serving time. Fortunately, voting rights are restored upon completion of a sentence, but many people aren’t even aware they can re-register.

Education and Financial Aid Limitations

Many schools are hesitant to admit felons, and qualifying for financial aid becomes an uphill battle. These restrictions make it difficult to pursue higher education and further reduce career opportunities.

Social and Familial Consequences

Strained Relationships and Family Dynamics

A felony conviction doesn’t just affect you—it affects your family. The emotional toll on loved ones can be significant, as many relationships become strained or severed altogether. Child custody disputes are common, with courts often denying visitation or custody rights to convicted felons.

Social Stigma and Community Alienation

Even after serving your time, societal judgment lingers. Communities can be unwelcoming, and social alienation is a frequent consequence of a felony conviction. Rebuilding a network of friends and support becomes a monumental task.

Chicago Felony Defense Attorney You Can Trust

Felony convictions in Chicago come with serious, life-altering consequences, but the right defense can make all the difference. Andrew M. Weisberg’s proven track record in criminal defense means he knows how to dismantle the prosecution’s case, suppress evidence, and expose weaknesses. Whether you’re dealing with serious drug charges, gun crimes, or financial felonies, his prowess in Chicago’s legal landscape could be the key to protecting your rights and your future. Don’t risk going through this without the best defense—connect with us online or call (773) 908-9811 today to start building your case.

Illinois has seen the passage of a few new laws in 2020, including two new traffic violations that could lead to some serious legal trouble.

Scott’s Law, as well as a law surrounding watching videos while driving, are two traffic violations that are now far more serious than they were before. Here’s what you need to know about these laws and how to ensure you don’t break them.

Scott’s Law

Scott’s Law, also called the “Move Over” Law, was named in honor of a Chicago Firefighter who was hit and killed by a drunk driver while working a crash site on the expressway. Now, by law, you must do a few things when approaching a stationary emergency vehicle with its warning lights flashing, such as:

• Slow down
• Move to another lane
• Reduce speed if changing lanes is unsafe
• Drive with extreme caution

Furthermore, when you are approaching a construction area on a highway, you must also:

• Slow down
• Yield or change lanes away from workers or authorized vehicles in the area
• Discontinue using any wireless devices

This law applies to any official vehicle displaying warning lights, and all motorists must now move over when coming upon disabled or stopped vehicles.

Penalties for Violating Scott’s Law in Illinois

If you violate this law, then you will — at minimum — face a fine for up to $250 the first time and $750 the second. If you violate the law and it results in the death or injury of another person, then you will be charged with a Class 4 felony, which can result in up to three years in prison and fines of as much as $25,000.

Distracted Driving

The other traffic violation that could lead to harsher penalties is distracted driving or, more specifically, watching a video as you drive.

You may be wondering who in the world is watching a video while they drive, but the truth is that with the ease of use of streaming services such as YouTube, it’s become a problem that the Illinois legislature had to address.

It is already illegal in Illinois for drivers under 18 to use a phone in any way when behind the wheel. For those over 18, phones can only be used in hands-free mode or by using a wireless earpiece. Additionally, if you watch videos or television while driving, it can lead to some serious legal issues if caught.

For a first offense, a fine of $75 will be assessed. It increases by $25 each time it is assessed until you get to a third offense, where $150 must be paid that time and every time after.

You may think those penalties don’t seem too harsh, but remember, if you get into an accident because you’re distracted by your phone, you can face much harsher penalties, including suspension of your driver’s license if you have too many points from traffic violations, as well as possible felony charges for aggravated use of an electronic communication device.

Traffic laws exist for a reason. Most of the time, they come about due to tragic accidents that could have been avoided if the law had been in place, such as Scott’s Law. It’s the duty of citizens to abide by these laws when behind the wheel. Remember, driving isn’t a right, it’s a privilege. That means it can be taken away if it’s abused.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Boot camp is a training style that expands beyond those joining the military. In Illinois, eligible offenders can participate in the Illinois Impact Incarceration Program, frequently described as such, in exchange for a reduced sentence.

This program is unique and there’s a lot to understand about it, namely who it’s an option for and how it works. Read on to find out all you need to know about the Impact Incarceration Program for convicted felony offenders.

What is the Illinois Impact Incarceration Program?

The Illinois Impact Incarceration Program is run by the Illinois Department of Corrections. It allows offenders who are eligible and have been sentenced to prison for their crimes the opportunity to reduce the amount of time they serve.

It’s often called boot camp because it is run exactly the way you’d imagine a military-style boot camp to be. Many offenders that enter the program do so because they are unable to get probation for their crimes for a variety of reasons and are instead sentenced to prison.

This program is a 120-day camp that allows participants who complete it successfully to go home in around six months rather than serving the entire sentence they were originally supposed to serve within the Illinois Department of Corrections.

Who Is Eligible for the Impact Incarceration Program in Illinois?

There are several factors that play into whether or not someone is eligible for the Impact Incarceration Program in Illinois.

If this boot camp is an option you’d like to consider, then it’s important to meet with an experienced Illinois lawyer to determine if your possible convictions fit into the parameters of the program.

In general, you may be eligible for this program if:

• You are under the age of 35
• You have not been convicted of any Class X offenses or other crimes of violence, such as sexual assault, armed violence, and aggravated kidnapping
• You are mentally and physically fit
• You may not have previously served more than one felony conviction in prison
• You may not have attempted an impact incarceration program in the past
• Your sentence does not exceed eight years

The Department of Corrections will also consider whether you have any outstanding warrants or detainers, whether you have a history of absconding or escaping, and whether you participating in the program poses a risk to the security or safety of another person. There also must be space available for you in the program.

Additional Illinois Program Requirements

It’s important to understand that when you enter the Illinois Department of Corrections, you have a “recommendation” from the judge that you be admitted to the Impact Incarceration Program. The final approval lies with the Illinois Department of Corrections for your placement in the program, however.

It’s not common for someone who has been recommended for the program not to be admitted, but it can happen. Plus, if you fail to successfully complete the program, you will be expected to complete your entire prison sentence with the Department of Corrections.

In 2020 there was a new provision placed into the law that requires a pre-sentence report to the judge. Prior to sentencing, the defendant’s eligibility for the program. So make sure your attorney takes care of that for you.

What is Involved in the Program?

The Illinois Department of Corrections operates one juvenile boot camp program and two adult boot camp programs. The adult programs run from Dixon Springs and DuQuoin State Fairground.

Which boot camp the inmate is sent to depends on where the Department of Corrections deems appropriate, often based on the nature of the crimes they are serving a sentence for. The DOC also takes into consideration whether the inmate I mentally and physically fit enough to handle the 120-day camp.

The Impact Incarceration Program includes, among other things, mandatory physical labor and physical training, military drills and formations, uniformity of appearance and dress with the other inmates in the program, regimented activities, counseling, education, and drug counseling when needed.

The program also affords participants with certain privileges such as visitation, access to radio and television, access to the library, the retention and receipt of publications and property, and commissary privileges. Failing to meet the requirements of the program at any point can result in removal from the program or make you ineligible to participate.

The Illinois Impact Incarceration Program is a great thing and has had great results for many people who have completed it. It can help reduce your exposure to a lengthy prison sentence and help you to learn some discipline in the process. Make sure to understand if you’re eligible for it before you’re sentenced for a crime.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Some people assume that shoplifting is a minor crime. However, in Illinois, it’s anything but. Illinois has some of the harshest shoplifting laws on record. It’s all too easy for a momentary lapse of judgment to lead to serious felony charges.

That’s just what happened to one Illinois man recently. He is now facing five felony charges for allegedly stealing a few bottles of body wash, nails, lotion, and hand sanitizer from a Walgreens.

While he has a previous shoplifting conviction on record, it was from 2004. Today, he is at risk of becoming a convicted felon because of the theft of a few common toiletries.

Current Illinois Shoplifting Laws

Illinois is one of just a few states that have specific criminal convictions for shoplifting, otherwise known as retail theft. Most other states incorporate shoplifting into their general theft laws. As a result, Illinois is one of the few places where shoplifting can quickly become a felony offense.

Shoplifting in Illinois is defined as intentionally depriving a merchant of the full retail value of their product. This can include anything from simply taking products without paying for them to using false coupons.

It’s even possible to be charged simply for intending to steal from the business without successfully removing any merchandise.

Two Penalty Levels for Shoplifting in Illinois

There are two general penalty levels for shoplifting in Illinois: penalties for stealing less than $300 and penalties for stealing more than $300.

Stealing less than $300 from a business is considered a Class A misdemeanor in Illinois for a first offense. This can lead to up to a year in prison and fines up to $2500. However, shoplifting less than $300 can be elevated to a felony for two reasons.

First, if the goods are stolen by leaving a store through an emergency exit, the crime becomes a Class 4 felony. Second, if the alleged theft is a second or subsequent offense for retail theft, it’s also considered a Class 4 felony. That can lead to up to 3 years in prison, fines of up to $25,000, and permanent status as a convicted felon.

The Illinois man who is now facing multiple felony charges fell under that second exception. For stealing less than $50 worth of toiletries, he could be facing years in prison.

Stealing more than $300 through retail theft is also considered a felony. In this case, it’s a Class 3 felony, carrying up to 5 years in prison and $25,000 in fines.

Stealing more than $300 worth of products through an emergency exit is considered a Class 2 felony, the second-most serious level of crime in Illinois, and can lead to up to 7 years in prison.

The Potential for Legislative Change

While these penalties sound harsh, there may be a change coming. Slowly but surely, a bill is being moved through the Illinois legislature that’s intended to lower penalties for retail theft.

This bill is intended to raise the threshold for felony charges for retail theft, and more appropriately applying penalties for the crime. A second offense would not necessarily be considered a felony. The threshold for felony charges would be raised to $1,000 instead of $300.

All told, this change is not here yet. Currently, a second offense retail theft charge carries the same penalties as aggravated assault, which is patently unfair to everyone.

If you have been accused of shoplifting, you’re facing serious trouble. Your first step should be to reach out to a qualified Illinois defense attorney to defend yourself from unjust charges and penalties.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Crimes are classified both by the type and the severity of the offense. Felonies are considered more serious than misdemeanors, and in Illinois they typically carry a minimum of one year of incarceration. Even amongst felonies, though, there are degrees of seriousness.

Our state has five classes of felonies – Class 4, Class 3, Class 2, Class 1, and Class X. Among these, Class X felonies are the most serious recognized in Illinois with exception to first-degree murder. If convicted of a Class X felony, you are not eligible for probation, and could face a prison term of up to 60 years.

Below, we’re going to break down the five classes of Illinois felonies, focusing on Class X felonies and the consequences you could face if convicted of a crime in this category.

If you are facing one of these severe charges, your best chance at a positive outcome is to consult with a knowledgeable Chicago criminal defense attorney as soon as possible.

Five Classes of Felonies in Illinois

In Illinois, there are five classes of felonies, in addition to first-degree murder:

• Class 4: Class 4 felonies are the least-severe, and are punishable by 1-3 years of incarceration, with the possibility of an additional 3-6 years. Class 4 felonies include aggravated assault, unlawful possession of a firearm, domestic battery, stalking, and dog fighting.
• Class 3: Class 3 felonies are punishable by 2-5 years of incarceration, with a potential extended term of 5-10 years. Common examples of Class 3 felonies include aggravated battery, involuntary manslaughter, perjury, incest, and aggravated stalking.
• Class 2: A class 2 felony carries a prison sentence of 3-7 years, with a potential extended term of 7-14 years. Common examples of Class 2 felonies are some forms of arson, bribery, aggravated criminal sexual abuse, burglary, and kidnapping.
• Class 1: A Class 1 felony has a prison sentence of 4-15 years, with a possible extended sentence of 15-30 years. Common Class 1 felonies include residential discharge of a firearm, criminal sexual assault, residential burglary and vehicular hijacking.
• Class X: This is the most severe class of felony, short of first-degree murder. A Class X felony is punishable by 6-30 years of incarceration, with a possible extended sentence of 30-60 years. Class X felonies are generally aggravated or armed offenses. For example, aggravated arson and armed robbery.

List of Class X Felonies in Illinois

Common Class X felonies include:

• Home invasion
• DUI (sixth or subsequent conviction)
• Aggravated arson
• Aggravated battery with a firearm
• Aggravated battery of a child
• Aggravated vehicular hijacking
• Armed robbery
• Aggravated rape
• Other sex crimes such as aggravated criminal sexual assault
• Certain offenses involving possession of a controlled substance with intent to sell (usually a large amount of substance)

The Severity of Illinois Class X Felonies

You already know that Class X felonies carry a mandatory penalty of incarceration from six to 30 years, with the possibility of up to 60 years if aggravating factors are present. That’s bad enough.

What you might not realize, though, is that they also come with a mandatory supervised release period of at least three years following completion of the sentence. Moreover, if you are convicted of a Class X felony, you cannot be sentenced to probation, regardless of the crime’s circumstances.

Also, that six-year minimum sentence is mandatory even for offenders with no prior criminal record. The Department of Corrections cannot release a Class X felony offender on conditional discharge before completion of the minimum sentence.

These charges are nothing to mess around with, and they have the potential to wreck your entire life. However, charges for a Class X felony do not equate to a conviction.

Depending on the circumstances of the alleged offense, a number of defense strategies may be available to help your case. The trick is in finding the right one for your specific situation and understanding how to effectively use it.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Last month, three men were arrested for three different crimes in Evanston. The crimes and their penalties are all different, but the one thing they have in common is that they are all felonies.

There are two types of crimes in Illinois: misdemeanors and felonies. Misdemeanors are less serious crimes that are punishable by less than a year in an Illinois county jail. Felonies, on the other hand, are more serious crimes and are punishable by at least one year in prison, or by death.

All felonies in Illinois except for first degree murder are specified by class.

• Class X felonies are the most serious felonies, punishable by 6-30 years in prison.
• Class 1 felonies are punishable by 4-15 years in prison.
• Class 2 felonies are punishable by 3-7 years in prison.
• Class 3 felonies are punishable by 2-5 years in prison.
• Class 4 felonies are punishable by 1-3 years in prison.

In addition to these penalties, if aggravating factors were present – such as prior convictions, if it was a hate crime, if it involved an elderly victim, etc. – a judge can sentence the defendant to an extended term.

The three men in Evanston were separately charged with gun possession, sexual assault, and vehicle burglary. Let’s take a look at these three very distinct felonies.

Unlawful Use of a Weapon by a Felon

Evanston police found “a loaded Glock .40 caliber handgun with an extended capacity magazine” in a man’s car, and because he had already been convicted of a felony, he was arrested because possessing a firearm as a felon is illegal.

You are legally allowed to possess a gun in Illinois if you are 21 years old, a legal resident or U.S. citizen, and eligible under federal law to possess a firearm. If, however, you are addicted to drugs, mentally impaired, or a convicted felon, you are not allowed to have a firearm.

The penalty for Unlawful Use of a Weapon by a Felon is typically a class 3 felony, but it could become a more serious offense depending on what the prior conviction was for. For example, if the prior conviction was for a forcible felony, the charge is elevated to a class 2 felony.

Criminal Sexual Assault

Criminal sexual assault, a class 1 felony, occurs when a person commits sexual penetration and also

• uses force;
• knows the victim doesn’t understand what’s happening or is unable to give consent;
• the victim is under 18 and a family member; or
• is over 17 and holds a position of authority over the victim who is between 13 and 17 years old.

The man in Evanston, who was already in an Indiana jail, was specifically charged with felony predatory criminal sexual assault of a child and felony aggravated criminal sexual abuse. He is accused of assaulting two family members aged 7 and 11 years old at the time of the alleged crime. Due to the fact that the victims were under 13 and relatives, the crimes are the most severe class X felonies.

Felony Burglary

A witness in Evanston saw a man burglarizing a car on the street and called the police. Officers arrested the suspect and found that he was in possession of the car owner’s property.

Under Illinois law, burglary, a class 2 felony, is defined as someone knowingly and without consent entering “a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft.”

If a burglary happens at certain places such as schools, places of worship, or day care centers, the charge is elevated to a class 1 felony. It is also a felony to possess or unlawfully sell burglary tools.

These are just three of the many and very serious felony crimes someone can be accused of in Illinois. If you’ve been accused of a felony, reach out to an experienced criminal defense attorney today to make sure your rights are protected.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

When you face felony charges, the road ahead may be unclear. You know that a felony conviction could mean years in jail or big fines, but what happens in between a charge and a conviction? How do people defend themselves? When do you have to go to court?

There are a few steps between when you first hear the charges against you and those charges either get dropped or dismissed or you get sentenced. Knowing what’s ahead will help you prepare your case and make it more likely that you get your felony charges reduced or dropped faster.

Read on to learn what you can expect from the process.

The Steps of a Felony Case in Illinois

Arraignment. At this point, you’ve already been charged with a felony. After your arrest, preliminary hearing, or indictment, a judge or jury has decided that there is reason to believe that you have committed the charges you are faced with.

Don’t get discouraged because you have been charged with a crime. You are still innocent until proven guilty. Depending on the specific circumstances of your case, your defense lawyer has all kinds of tools at their disposal to craft the strongest possible defense strategy for you and give you the most likely chance at a positive outcome.

Gathering the Evidence – Discovery Process. As soon as you have been charged, your criminal defense lawyer will begin to collect evidence that is related to your case. This is called the “discovery” process.

During this time, the prosecution must disclose any evidence that the defense lawyer asks for. Unlike in crime dramas, the prosecution cannot whip out a trial-changing piece of evidence that was previously hidden from the defense lawyer.

[clickToTweet tweet=”All of this evidence is important.” quote=”All of this evidence is important.”]

Your lawyer will use the evidence to foresee the prosecution’s strategy, as well as build a solid defense strategy.

The prosecution has to prove beyond a reasonable doubt that you committed the charges in question, so it’s important to be thorough when talking to your defense lawyer and provide as much information as you can.

Motion Hearings. As your lawyer gathers evidence about your case, they may find reasons to believe your arrest was carried out or that evidence was gathered in an unlawful manner, the charges do not apply, or that you were placed in other situations that warrant your charges being dropped under the law.

If this is the case, your lawyer will begin to file motions at hearings in hopes of getting evidence or testimony removed form the case. In some cases, your charges will be dropped during this process.

Plea Agreements. Even after motions have been filed and all the evidence is collected to guarantee a fair trial, you may not actually go to trial. Instead, your criminal defense lawyer may recommend negotiating a plea agreement with the prosecution.

This means that you will plead guilty to the charges in order to get a sentence that is lower than that typically recommended for the charges you face. For example, you may face jail time if you are found guilty at trial, but with a plea bargain you can avoid jail and only have to pay fines and complete community service.

Plea bargains will be different for every case. Consider the advice of your lawyer, but don’t rush into a decision. A plea bargain may mean a shorter sentence, but it is still a guilty plea and a conviction on your criminal record.

Going to Trial. If you decide not to take a plea bargain, you and your lawyer will head to court to fight the charges you face. After opening statements, presentation of evidence (which includes questioning and cross-examination from both sides), and closing arguments, you will hear your verdict.

If the judge decides you are not guilty, your case is dropped and you can walk free. If the judge decides you are guilty, you may have to attend a separate sentencing hearing where the judge will determine the penalties you face for your conviction.

What You Should Do After Being Charged

If you have not already hired a criminal defense lawyer, that’s your first job. An experienced, knowledgeable felony attorney gives you the best chance at a favorable outcome, but they can’t start building your case until you hire them.

That being said, you shouldn’t hire just anyone. There are several things that you should expect from any good defense lawyer, and you need to have them in mind when you meet with attorneys.

Also keep the upcoming process in mind. Do you want to hire someone who tends to negotiate plea agreements for their clients? What experience do the lawyers you are considering have with filing motions and getting their clients’ charges dropped during the discovery process?

Ultimately, when you are facing a felony charge, you want someone honest, dedicated, and communicative who has a proven track record of success in these types of cases. Find that person and you’re already ahead.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Domestic violence is currently a rising epidemic and controversial topic in America. As more attention is drawn to these crimes, sentencing and charges seem to be harsher and more common. If you are charged with domestic violence, will you be facing a felony?

It depends. Let’s go more in depth and talk about when domestic violence is and is not a felony in the state of Illinois.

Defining Domestic Violence

Domestic violence is any act of violence toward a blood relative, intimate partner, or roommate. In Illinois, these acts of violence are referred to as “battery” or “domestic battery.”

Battery is the act of causing physical harm to someone, or using unlawful or provoking physical contact against another person. You can be charged with battery by causing harm to anyone. However, if you have a familial or household relationship with the victim, you will be charged with domestic battery. These relationships include:

• Current/former spouse
• Current/former significant other
• Parent
• Child
• Co-parent
• Blood relatives
• Current/former roommate
• Caregiver to elderly or disabled adult

Domestic battery starts off as a class A misdemeanor.

Penalties for Domestic Battery

If you have been charged with domestic battery and you have no prior convictions of violent crimes, you will face a class A misdemeanor. This type of charge, while not a felony, still comes with a sentence of up to one year in prison.

In situations of domestic violence, you may also be issued an order of protection. This will prohibit you from contacting or visiting the victim. If you have children with the victim, you may have to relinquish custody or pay child support. You may also have to attend anger management classes, substance abuse treatment, and compensate the victim for any medical treatment or losses that resulted from domestic violence.

Additionally, if you commit domestic battery and then interfere with the victim’s ability to report the domestic violence (calling 911, contacting law enforcement, seeking medical help, etc.) you can be charged with a Class A misdemeanor and face additional sentencing.

So When Is Domestic Battery a Felony?

When a domestic battery charge includes aggravating factors so severe that the charge is bumped up to “aggravated domestic battery,” you run the risk of becoming a convicted felon. Aggravated domestic battery is considered a Class 2 felony in Illinois.

Some of the factors that may change your charge to aggravated domestic battery include:

• Committing domestic battery and knowingly causing great bodily harm
• Causing permanent disability or disfigurement
• Committing domestic battery via strangulation

A class 2 felony conviction comes with a sentence of 3-7 years in prison. You may be able to get probation, but you will still have to serve 60 days in prison.

It is still possible to be charged with a felony for domestic battery even if your charge does not include aggravated factors. If you have been previously convicted of any of the following violent crimes, your domestic battery charge will be bumped up to a Class 4 felony:

• Murder
• Aggravated domestic battery
• Kidnapping
• Unlawful restraint

These crimes must have been committed against family members or roommates to affect your domestic battery charge.

Being convicted of a class 4 felony comes with a sentence of up to six years in jail and up to $25,000 in fines.

Felony Convictions in Illinois

If you are convicted of a felony, you will also have to face additional consequences. The conviction will show up on your public record, and can be accessed by employers, landlords, and law enforcement. That smudge on your record is permanent – you cannot expunge or seal domestic battery convictions.

Many apartment complexes or employers will automatically deny your application if you have been convicted of domestic violence.

You will also lose the right to buy or possess firearms. This goes for felony and misdemeanor domestic violence convictions.

You may also lose the right to see your children, and continuing protection orders will prevent you from even contacting the victim.

Defenses Against Domestic Violence Charges

There are ways to shorten your sentence and avoid the lifelong consequences of being convicted of domestic violence. Some common defenses against domestic violence include:

• Self-defense
• Lack of proof
• False Accusation
• Seeking Rehabilitation
• Consent
• No aggravating factors

Even if you don’t initially face felony charges for domestic violence, preventing any arguments that aggravating factors were present will have a big impact on your case. For a more in-depth look at your case, you need an experienced domestic violence lawyer who will keep your sentence small or prove your innocence altogether. Contact us today to get started on your defense.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

When you are charged with a crime, you will be given a specific name and classification of the crime you are charged with. Each state has its own way of classifying crimes the terms “felony” and “misdemeanor” are universal – even if they don’t always mean the same thing everywhere.

So what do these terms mean in Illinois? How are crimes classified? What does it mean to be a “convicted felon”?

Illinois has three classifications of misdemeanors and five classifications of felonies. This can get confusing, especially if you are trying to reduce your charge or avoid the lifelong consequences that come with being a convicted criminal. Let’s explore the different types of convictions, penalties, and ways that these classifications can help you in court.

Misdemeanor Convictions

Misdemeanors are reserved for criminal acts that are considered less severe. You can still face up to one year of jail time and heavy fines for certain misdemeanor convictions, but the penalties are not as severe as those for felony convictions.

The following include examples and the penalties for the different classes of misdemeanors in Illinois:

• Class A Misdemeanor (e.g. damage to property, prostitution, DUI): up to one year in jail, up to two years probation, up to $2,500 in fines
• Class B Misdemeanor (e.g. possession of between 2.5-10 grams of marijuana): up to six months in jail, up to two years probation, up to $1,500 in fines
• Class C Misdemeanor (e.g. disorderly conduct): up to one month in jail, up to two years probation, up to $1,500 in fines

If you are convicted of multiple misdemeanors or violate the rules of your probation, you may face felony charges. Do not assume that all misdemeanor charges are just misdemeanor charges. Each charge should be treated seriously.

Felony Convictions

Felonies are reserved for criminal acts that are considered more serious. Sentencing for felonies will always include over a year of jail time, and usually fines of over $25,000.

The following include examples and the penalties for the different classes of felonies in Illinois:

• Class X Felony (e.g. aggravated criminal sexual assault, battery with a firearm): mandatory prison sentence with no probation, 6-30 years in prison, up to $25,000 in fines
• Class 1 Felony (e.g. criminal sexual assault, theft of over $10,000): 4-15 years in prison, up to $25,000 in fines
• Class 2 Felony (e.g. arson, criminal transmission of HIV/AIDS): 3-7 years in prison, fines up to $25,000
• Class 3 Felony (e.g. aggravated battery): 2-5 years in prison, fines up to $25,000
• Class 4 Felony (e.g. stalking, aggravated assault, felony DUI): minimum of one year in prison

We’ve written in previous posts about the effect that aggravating factors can have on felony sentencing. If aggravating factors were present in your felony case, you may face up to twice the sentence that we have listed above.

Penalties for felony convictions do not just stop at fines and prison time, either. Felonies are more severe than misdemeanors and can have a serious impact on your employment, living situation, and rights.

The Interesting Case of the Illinois DUI

You may have noticed that DUI is listed as two separate examples: Class 4 felony and Class A misdemeanor. So how is the same crime listed twice – in two very different categories?

Having the same crime in different categories is actually quite common. Each crime is different. Different circumstances yield different penalties and charges. Mitigating factors or certain evidence can lead the court to believe that your charge and sentence should be changed or reduced. Aggravating factors can increase your sentence.

For example, aggravated DUI usually involves bodily harm to someone in your or someone else’s car. This type of charge can bump you up to a Class 2, 3, or 4 felony. Simply being caught at a sobriety checkpoint or being pulled over for swerving may merely yield a Class A misdemeanor. Both charges, however, should be taken seriously, not only to reduce your sentence, but also to reduce future sentencing.

In the case of DUI, a first offense is considered a Class A misdemeanor. There are ways to get your charge changed to reckless driving. Often, a plea bargain (also known as a “wet reckless”) is a common way to change your charge. You will still have to face the penalties of a Class A misdemeanor, but if you are charged a second time for DUI, that first DUI charge will not be on your record and will not have to face felony charges.

This may seem confusing, but can also help you in the long run if you have received multiple criminal convictions.

For more information on multiple convictions, how to reduce your sentence, and the lifelong consequences of felony and misdemeanor charges, contact an Illinois criminal defense lawyer.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

A felony conviction is a serious matter everywhere in the United States, but in Illinois our lawmakers take felonies particularly seriously. Classified as Class X, 1, 2, 3, or 4 offenses, felonies here are punishable by state prison sentences that can last decades, fines up to $25,000, and restitution that has to be paid to victims.

And the penalties don’t stop after you have served your time and are allowed back into the real world. A felony conviction in Illinois can negatively impact the rest of your life in a number of ways.

Unfortunately, there are many misconceptions out there regarding what a felony conviction allows and restricts a person from doing. Below we will outline all of the restrictions felons face, the punishments for repeat offenders, and how a strong defense can help you avoid the label of “felon” altogether.

Prison Terms for Felony Convictions

Illinois gives serious consequences for all kinds of crimes – even if they are nonviolent. Here, even a theft crime of over $300 can result in a felony conviction with an attached prison sentence.

Just how long are felony prison sentences? For your first offense, it will be a shorter term (relatively speaking), but aggravating factors may qualify you for an extended term. Aggravating factors include prior convictions, committing a hate crime, or committing a crime on a juvenile or senior.

Here’s how it breaks down:

• Class X Felony: 6-30 years in prison; extended term is punishable by 30-60 years in prison
• Class 1 Felony: 4-15 years in prison; extended term is punishable by 15-30 years in prison
• Class 2 Felony: 3-7 years in prison; extended term is punishable by 7-14 years in prison
• Class 3 Felony: 2-5 years in prison; extended term is punishable by 5-10 years in prison
• Class 4 Felony: 1-3 years in prison, extended term is punishable by 3-6 years in prison

Restrictions on Felons in Illinois

As mentioned above, even after serving jail time your felony conviction will follow you into your everyday life. Every state treats felons differently, but Illinois has the following restrictions on convicted felons:

Jobs: Illinois is currently trying to make it easier for convicted felons to find private sector jobs. In 2013, Governor Pat Quinn signed “ban the box” legislation, which prohibits employers from asking about criminal history on job applications.

In 2014, Quinn signed legislation that prohibits jobs from conducting criminal background checks until a potential employee is considered qualified for the job.

A background check will still be performed, as it is in a majority of jobs. These new laws, however, pave the way for convicted felons to have a better chance at obtaining a job.

Federal Assistance (TANF): If you have been convicted of a felony for a drug offense, you cannot qualify for welfare (or Temporary Assistance for Needy Families).

Federal Assistance (Student Loans): While felony convictions do affect whether or not you qualify for student loans, over time this status will change.

If, for example, you have been convicted on charges of drug possession, you can qualify for federal assistance one year after your offense. Selling drugs disqualifies you from receiving federal assistance for two years after your offense.

Even though paying for and attending higher education may take extra time, you should not be discouraged from pursuing an education if you have a felony conviction.

Housing: Certain apartment complexes or landlords will not allow convicted felons to lease or rent apartments. The Fair Housing Act does not have a clause protecting felons from discrimination, which can make it hard to find a place to live.

Firearms: You cannot possess, own, or use a firearm if you have been convicted of a felony in Illinois or any other jurisdiction.

Voting: While you are incarcerated or on parole for a felony (or misdemeanor), you cannot vote. However, after you have served your time, you can re-register and gain your voting rights back.

Public Record and Record Sealing

If you are convicted of a felony, that knowledge will be available to the public. A felony conviction cannot be expunged from your record, but there is the possibility that it can be sealed and hidden from public knowledge. It is important to note that this is not a guarantee. Usually certain drug or prostitution offenses are the only kinds of felonies that qualify for record sealing.

Of course, if you have been charged with a felony, the best thing to do is craft a strong defense so that you can avoid conviction in the first place. An experienced Illinois criminal defense lawyer can use their knowledge to attempt to get your charges reduced, dismissed, or dropped, or help to prove your innocence.

Whether you are currently facing felony charges or attempting to deal with the repercussions of a felony conviction, reach out today for a free consultation regarding your legal options.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Prison time. Huge fines. Stringent probation.

These are just a handful of the penalties you may face if you are convicted of a felony in Chicago. But after prison and probation sentences have been served and fines have been paid off, a felony conviction may still follow you for the rest of your life.

How? Because a felony conviction will leave a permanent blemish on your criminal record, which may create a number of problems for you down the road. Your criminal record can be accessed by virtually anyone with internet access, and that includes college admissions boards, landlords, loan officers, and—perhaps most devastatingly of all—prospective employers.

People with a felony on their criminal records may find it nearly impossible to find a job in Chicago, where employers are reluctant to hire even rehabilitated criminals for reasons such as security, concern for employee safety, or just plain old discrimination.

If you are convicted of a felony, you may be completely barred from certain jobs in the childcare, education, law enforcement, government, and health industries. Your record may also disqualify you for positions of financial responsibility, such as in insurance or banking.

So what job options exist for people with felony convictions on their records in Chicago?

Below, we’ve listed industries that have been known to accept convicted felons on occasion:

Maintenance. As a convicted felon, you’ll likely find it difficult to obtain jobs that require handling money or interacting with customers and other employees. You might have better luck obtaining positions where you work behind the scenes, such as in janitorial work, maintenance, and late-night restocking.

Construction. Typically, background checks in the hiring process for construction companies are not as strict as those in other industries. In certain cases, rehabilitated felons have been able to find work as laborers, power washers, and concrete workers.

The service industry. While most family-orientated or high-end hospitality establishments will turn down applicants with felonies on their record, there are a few companies in Illinois that have been known to accept felons on occasion, including:

• Baskin-Robbins
• Bed, Bath, & Beyond
• Carl’s Junior
• Dollar Tree
• Dairy Queen
• Dunkin’ Donuts
• Goodwill
• K-Mart
• KFC
• Kohl’s
• Wendy’s
• Walgreens
• Salvation Army
• Sears
• Shell Oil
• Chick-fil-A

Freelancing. In some cases, you can sidestep the criminal background check by signing on to a company as a freelancer, as employers may be less likely to conduct a criminal background check of a freelance employee. If you have the skill, training, and experience, you may be able to find freelance work in online sales, design, or writing. However, these jobs tend to be fairly competitive, and do not offer perks such as health care, retirement benefits, or paid vacation.

If You Are Facing a Felony Conviction in Chicago

For many, a felony conviction marks the end of their career. With a felony on their record, even once successful businessmen, health care professionals, and bankers may find it tough to find a job as a pizza delivery driver or hotel dishwasher.

Don’t let a felony conviction on your criminal record impact your future career, finances, and lifestyle. If you are facing felony charges in Illinois, it’s in your best interest to hire a tough Chicago felony defense attorney. A talented criminal lawyer may be able to help you fight your felony charges through extensive research, smart planning, and an aggressive defense. With a good defense attorney, you may be able to have your felony charges reduced or dropped, thereby avoiding devastating consequences to your career and future.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.