When someone mentions the word “crime”, most people’s minds automatically jump to violent crime.

That goes to show that you don’t need intimate knowledge of the law to understand how violent crimes are serious offenses. Statistics back up the notion that violent crimes are the most serious in society.

CBS Chicago recently reported that, in one weekend, five people were killed and 22 wounded across the city. The youngest victim was just 14 years old. These killings were all linked to shootings. Under Illinois law, they all counted as violent crimes.

What is a violent crime? How is it different from other types of crime, and how is it punished? Read on to find out more.

Violent Crime in Illinois

In Illinois, certain crimes are considered so heinous that they have a category all their own: violent crimes.

These crimes carry the harshest penalties in the criminal justice system. Many have serious minimum mandatory sentences.

Crimes that are considered violent involve the threat of harm or actual harm to someone else. Examples of these include:

• Murder – Defined as the unlawful killing of someone.
• Rape – Defined as sexual penetration of a victim:
  • Under force or threat of force
  • Who is unable to consent
  • Who is a minor and related to the perpetrator
  • Over whom the perpetrator holds a position of trust or authority.
• Arson – By means of explosives or fire, knowingly causing damage to real property, when it’s reasonably expected that people are inside the structure.
• Battery – Injuring or making offensive contact with another, involving:
  • the use of a weapon
  • victims of a protected class
  • severe injury to the victim.
• Reckless discharge of a firearm – Acting in a manner with a firearm that the defendant knows or should have known could cause harm or injury to others.
• Robbery – The intentional seizure of another’s property using force or the threat of force.
• Kidnapping – Knowingly confining another person against their will by force or threat of force.
• Assault – Handling a weapon in such a way that another person feels threatened.
• Domestic violence – Physically abusing, harassing, intimidating, or interfering with the personal liberty of a family or household member.

The Penalties for Violent Crimes

There are two main categories of violent crimes in Illinois. They can be classified as either a misdemeanor or a felony.

For misdemeanors, there is a maximum jail sentence of up to 12 months.

Most violent crimes in Illinois are considered felonies. Because of this, they carry much harsher penalties, including life in prison for some.

The most serious penalties are for Class 1 felonies and Class X felonies. Kidnapping, murder, and sexual assault are examples of this level of violent crime. Their minimum sentence is four years in prison – but the maximum penalty can be life.

Sentencing depends on the circumstances surrounding the crime and the status of the victim. The defendant’s criminal history also plays a role in resulting penalties if convicted.

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.

There have been a lot of changes to the way life works in the midst of the COVID-19 pandemic. One area that has made headlines is prisons.

Prisons have become hotbeds of COVID-19 spread, which makes sense. With so many people living so closely together in prisons, it’s the perfect environment for viral spread. This has resulted in the early release of many prisoners, some on the grounds of compassionate release, including high profile Chicago mob enforcers.

Proper Legal Counsel Could Mean a Better Outcome for You, Too

Prisons in the high-risk groups for COVID-19, such as those of advanced age or with health issues, are being released on probation early. Part of this is a compassionate move while another part is to help thin the populations in the prisons.

It stands to reason that if they’re letting people out of Chicago prisons, they don’t want to send many people right back in.

If you are facing prison time for an offense in Chicago, then depending upon the caliber of your legal counsel and the circumstances surrounding your case, you may be granted house arrest or probation in lieu of prison time. Here’s what you need to know to go about doing just that.

Asking for Probation

If you’re convicted of a crime during this pandemic, you may be able to petition the court for a suspended sentence that results in probation.

A suspended sentence is when any prison or jail time you’re sentenced to is placed on hold as you comply with other measures by the court, such as probation in conjunction with a treatment program.

Probation Isn’t a “Get Out of Jail Free” Card

To be successful in your efforts to get probation instead of jail time, you must comply with everything the judge orders you do. If you don’t, then the probation officer or prosecutors handling the case can let the judge know you’ve violated probation and you can be sent to jail as a result to serve the rest of your sentence.

You will not be entitled to a new trial if this occurs, but the prosecution reserves the right to file new charges against you if the law was violated when you violated probation.

Common Conditions for Probation in Chicago

Here are the type of conditions those on probation may be expected to adhere to:

• Obey all laws
• Report to an assigned probation officer regularly
• Refrain from travel outside of the jurisdiction without getting permission from the probation officer first
• Don’t use alcohol excessively or any illegal drugs
• Abide by court orders such as payment of fines
• Submit to regular drug and alcohol screenings
• Avoid certain places and people

In many states, the circumstances in which the courts can impose probation instead of a jail sentence is limited. If you have prior convictions for certain crimes, such as drug crimes, then you may not be eligible for probation.

Still, there may be another option…

Request for House Arrest

If your crime is not eligible for probation, then you may be able to request house arrest in place of prison time. During house arrest, you’ll be confined to your primary place of residence except to go to work and attend appointments with your probation officer or the court. You may also be subject to curfews.

Most people placed on house arrest have an ankle bracelet placed by the court that monitors movements. It can detect whether you’ve tried to leave your place of residence when you weren’t supposed to.

If you don’t have a long history of criminal offenses, you’re not a violent offender, and you have a history of steady employment, then you may be a good candidate for house arrest.

For both of these scenarios, you must petition the court and make a case for either probation or house arrest. With COVID-19 disrupting things, this may be a great opportunity to avoid jail time.

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.