aggravated dui class 4 felony illinois

Aggravated DUI is a serious crime. What Is An Aggravated DUI In Illinois? | Dohman Law Group LegalMatch, Market Services Law, Real PDF NOTICE: This order was filed under Supreme Court Rule 23 and is not According to the Illinois Criminal Code, the circumstances of the crime determine the severity of the felony class. We know the court system and the judges, and we will work tirelessly to reach an outcome that is favorable to you. Class 4 felony offenders make up the largest sector of incoming inmates in Illinois. Make no mistake however as a first time DUI offense will end up costing the convicted of up to $2500 in fines and incarceration of up to one year in jail. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); How Much Time Can You Get For Two DUIs in Illinois? Getting arrested and charged with a crime is stressful and confusing. Felony convictions can determine if you qualify for federal assistance for student loans, but this status is also changing. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? Non-consensual dissemination of private sexual images. Under Illinois law, a prison sentence for a Class 4 felony conviction must fall within 1 to 3 years. CAN YOUR LOVED ONE BE RELEASED FROM COOK COUNTY JAIL DUE TO THE CORONAVIRUS? You will also be facing a revocation of your license for 2 years; DUI committed without a valid drivers license; DUI committed without vehicle liability insurance; DUI committed in a school zone when the school zone speed limit is in effect and a crash involving bodily harm is involved; DUI committed while driving with a suspended or revoked drivers license; DUI committed involving a Reckless Homicide or leaving the scene of a personal injury or death. If this is your first or second DUI, you might only be charged as a misdemeanor, which carries a maximum penalty of a year in jail and a $2,500 fine. Your email address will not be published. The penalty for a Class 1 Felony in Illinois will vary based on your case and is determined by the judge. the person who provided the alcohol may be convicted of a Class 4 felony, which carries possible imprisonment of 1-3 years and a fine of up to $25,000. Fax: (312) 427-1289. var bbbprotocol = ( ("https:" == document.location.protocol) ? 5th violation - Class 1 felony - Aggravated DUI Offense is NOT probationable 4-15 years in IDOC (Illinois Department of Corrections) If your BAC was over .16, an additional mandatory minimum fine of $5000; What happens to my license? immediately for further legal advice. made to the current law. When Is A DUI A Felony In Illinois? | DUI Lawyers 24/7 "https://" : "http://" ); document.write(unescape("%3Cscript src='" + bbbprotocol + 'seal-chicago.bbb.org' + unescape('%2Flogo%2Frobert-jcallahan-and-associates-88605042.js') + "' type='text/javascript'%3E%3C/script%3E")); Class 1 Felony Possession of an Controlled Substance , Aggravated Unlawful Use of Weapon by a Felon , Unlawful Use of a Weapon Class A Misdemeanor , Unlawful Use of a Weapon Class A Misdemeanor-, Possession of Controlled Substance- Class 4 Felony , Aggravated Unlawful Use of a Weapon Class 4 Felony , Leaving the Scene of an Accident Class A Misdemeanor , Criminal Damage to Property Class A Misdemeanor , Domestic Battery Bodily Harm Class A misdemeanor , Applied for Clemency on Cannabis charges , Three (3) separate cases of manufacturing/delivery of cocaine Class 1 felonies , Copyright (c) 2009 to 2021 All Rights Reserved Robert J Callahan | 312-322-9000, STORE OWNER SHOOTS & KILLS LOOTER- NO CHARGES FILED AFTER HIRING. Serving Illinois cities such as: Joliet, Bolingbrook, Frankfort, Plainfield, Shorewood, Beecher, Braidwood, Channahon, Crest Hill, Crete, Custer Park, Elwood, Homer Glen, Lockport, Manhattan, Mokena, Monee, Naperville, New Lenox, Peotone, Rockdale, Romeoville, Coal City, Wilmington, Morris, Minooka, Braceville, Carbon Hill, Coal City, Diamond, Dwight, East Brooklyn, Gardner, Godley, Kinsman, Mazon, Verona, Aurora, Boulder Hill, Lisbon, Millbrook, Millington, Montgomery, Newark, Oswego, Plano, Plattville, Sandwich, Yorkville, and Little Rock. Aggravated DUI in Illinois: Definition, Penalties & Next Steps or viewing does not constitute, an attorney-client relationship. .08 BUT YOUR LAWN LOOKS GREAT WHAT CAN & CANT YOU DRIVE DRUNK? This is because they will now be considered a repeat felony offender and repeat felony offenders receive harsher penalties. This type of aggravated DUI is a Class 4 felony (1-3 years in prison). It is not a matter of the judge's discretion in sentencing. If you commit a DUI when driving a school bus with children as passengers, then that DUI can progress to a Class 4 felony offense. Resisting Arrest / Obstructing the Police, DUI Driver tries to Pin Arrest on His Dog, Tips for Making a Good First Impression in Criminal Court, DUI Arrest with a Minor Passenger in the Car, Understanding Your Right to Legal Representation as a Criminal Defendant, How Your Social Media Activity Could Hurt Your Criminal Defense Case. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. We offer free initial consultations to all of our clients, as well as evening and weekend appointments. If an agreement cannot be reached, we are experienced trial lawyers and know how to defend you in court and fight for your rights and liberty. In addition to any possible criminal penalties, Illinois imposes administrative penalties in all DUI cases. . 2023 The Law Offices of Matthew R. Gebhardt, P.C. Every state provides different levels of degrees or classes to categorize the seriousness of a crime. A Class 2 felony DUI conviction carries a prison sentence of three to seven years. You are eligible for probation, but in order to be sentenced to probation, the Judge has to find extraordinary circumstances to avoid imposing a prison sentence. Most aggravated DUI offenses range in severity from Class 4 felonies to Class 2 felonies, with possible prison sentences of between one and seven years, fines of up to $25,000, and other potential consequences. If you are seeking information about a misdemeanor in Illinois, we recommend the, A person who possesses, procures, transports, stores, or delivers 150 or more grams but less than 500 grams of methamphetamine precursor or substance containing any methamphetamine precursor, A person who possesses, procures, transports, stores, or delivers 30 or more grams but less than 150 grams of methamphetamine precursor or substance containing any methamphetamine precursor, A person who possesses, procures, transports, stores, or delivers 500 or more grams of methamphetamine precursor or substance containing any methamphetamine precursor, A person who possesses, procures, transports, stores, or delivers with the intent that 100 or more grams but less than 350 grams of methamphetamine or a substance containing methamphetamine be manufactured, A person who possesses, procures, transports, stores, or delivers with the intent that 20 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine be manufactured, A person who possesses, procures, transports, stores, or delivers with the intent that 350 or more grams of methamphetamine or a substance containing methamphetamine be manufactured, Aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm, Aggravated Identity Theft exceeding $100,000, Aggravated Methamphetamine Related Child Endangerment, Bringing into or possessing a firearm, firearm ammunition, or explosive in a penal institution, Child Pornography involves a film, videotape, or other moving depiction, Delivery/manufacture cannabis over 5,000gm, Methamphetamine delivery 100 or more grams but less than 400 grams of methamphetamine or a substance containing methamphetamine, Methamphetamine delivery 15 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine, Methamphetamine delivery 400 or more grams but less than 900 grams of methamphetamine or a substance containing methamphetamine, Methamphetamine delivery 900 or more grams of methamphetamine or a substance containing methamphetamine, Methamphetamine possession 100 or more grams but less than 400 grams of methamphetamine or a substance containing methamphetamine, Methamphetamine possession 400 or more grams but less than 900 grams of methamphetamine or a substance containing methamphetamine, Methamphetamine possession 900 or more grams of methamphetamine or a substance containing methamphetamine, Organizer of an aggravated vehicle theft conspiracy, Predatory Criminal Sexual Assault of a Child, Solicitation for Murder or Murder for Hire, Soliciting or Providing Material Support for Terrorism, Unlawful Discharge of Firearm Projectiles, Possession: Explosives, Incendiary Device, Voluntary Manslaughter of an Unborn Child, Criminal Street Gang Recruitment on School Grounds, Possession or Delivery of Anhydrous Ammonia with Intent to Manufacture Meth, Child Pornography does not involve a film, videotape, or other moving depiction, A person who possesses, procures, transports, stores, or delivers 15 or more grams but less than 30 grams of methamphetamine precursor or substance containing any methamphetamine precursor, A person who possesses, procures, transports, stores, or delivers with the intent that 10 or more grams but less than 20 grams of methamphetamine or a substance containing methamphetamine be manufactured, Aggravated identity theft of credit, money,goods, services, or other property exceeding $10,000 in value and not exceeding $100,000, Aggravated offenses relating to motor vehicles and other vehicles-Felonies, Bringing into or possessing a hypodermic syringe in a penal institution, Bringing into or possessing a weapon, tool to defeat security mechanisms, cutting tool, or electronic contraband in a penal institution, Bringing into or possessing any amount of a controlled substance classified in Schedules I or II of Article II of the Illinois Controlled Substances Act in a penal institution, Burglary in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship, Delivery of a controlled substance to a pregnant woman, Delivery/manufacture cannabis over 2,000gm to 5,000gm, Disarming a peace officer or correctional institution employee, Laundering of criminally derived property of a value exceeding $100,000 but not exceeding $500,000, Methamphetamine delivery 5 or more grams but less than 15 grams of methamphetamine or a substance containing methamphetamine, Methamphetamine possession 15 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine, Possession of Cannabis over 5,000gm (felony), Theft of Motor Vehicle Parts or Accessories, Unauthorized bringing of contraband into a penal institution by an employee; unauthorized possessing of contraband in a penal institution by an employee; unauthorized delivery of contraband in a penal institution by an employee, Use of a dangerous place for the commission of a controlled substance or cannabis offense, Unlawful Possession of Weapon by Street Gang Member, Use of Stolen Firearm in Commission of Offense, A person who possesses, procures, transports, stores, or deliversless than 15 grams of methamphetamine precursor or substance containing any methamphetamine precursor, Methamphetamine delivery less than 5 grams of methamphetamine or a substance containing methamphetamine, Methamphetamine Related Child Endangerment, Possess/Delivery/Store/Transport/Procure Materials (Not Meth Precursor) with Intent to Manufacture, Protection of Meth Manufacturing (Failure to Report or Guards/Lookout), Unlawful Disposal of Methamphetamine Manufacturing Waste, Using or Allowing Use of Property for Methamphetamine Offenses, Offenses relating to disposition of titles and registration, A person who possesses, procures, transports, stores, or delivers with the intent that less than 10 grams of methamphetamine or a substance containing methamphetamine be manufactured, Abuse of a corpse engages in sexual conduct with a corpse or involving a corpse, Aggravated Identity Theft above $300 not exceeding $10,000, Bringing into or possessing any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Illinois Controlled Substances Act, Cannabis Plant(s) More than 50, but not more than 200 plant, Delivery/manufacture cannabis over 500gm to 2,000gm, Harassment of representatives for the child, jurors, witnesses and others, Identity Theft exceeding $2,000 and not exceeding $10,000, Interfering with the duties of a judicial office, Laundering of criminally derived property of a value exceeding $10,000 but not exceeding $100,000, Methamphetamine possession 5 or more grams but less than 15 grams of methamphetamine or a substance containing methamphetamine, Offenses relating to possession of titles and registration, Possession of Cannabis over 2,000gm to 5,000gm (felony), Use of a stolen firearm in the commission of an offense, Institutional vandalism when damage does not exceed $500, Methamphetamine possession less than 5 grams of methamphetamine or a substance containing methamphetamine, Tampering with Anhydrous Ammonia Equipment, Abuse or criminal neglect of a long term care facility resident; criminal abuse or neglect of an elderly person or person with a disability, Criminal Fortification of a Residence or Building, A contractor who knowingly makes a false statement, material to the certification, Bringing into or possessing cannabis in a penal institution, Cannabis Plant(s) More than 20, but not more than 50 plants, Criminal Damage to Government Supported Property above $500-$10,000, Delivery/manufacture cannabis over 30gm to 500gm, Laundering of criminally derived property of a value not exceeding $10,000, Peace officer or correctional officer; gang-related activity prohibited, possess, procure, transport, store, or deliver anhydrous ammonia in an unauthorized container, Possession of Cannabis over 500gm to 2,000gm (felony), Threatening public officials; human service providers, Unlawful Sale or Delivery of Firearms on the Premises of Any School, Unlawful Use or Possession of Weapons by Felons or Persons in the Custody of the Department of Corrections Facilities, Possession of Cannabis over 100gm (felony), Chemical Breakdown Illicit Controlled Substance, Unauthorized Possession Prescription Form, Criminal Damage to Government Supported Property below $500, Financial Exploitation of Elderly/Disabled, Unlawful Use of Recorded Sounds or Images, Compelling a Confession or Information by Force or Threat, Aggravated Flee/Attempt to Elude Police Officer, Leaving the Scene Personal Injury Accident, Posting of identifying or graphic information on a pornographic Internet site or possessing graphic information with pornographic material, Abuse of a corpse removes or carries away a corpse and is not authorized by law to do so, Boarding or attempting to board an aircraft with weapon, Bribery of inspector employed by contractor, Bringing into or possessing alcoholic liquor in a penal institution, Cannabis Plant(s) More than 5, but not more than 20 plants, Delivery/manufacture cannabis over 10gm to 30gm, Failure to report the death or disappearance of a child under 13 years of ag, Interference with contract submission and award by public official, Making false application or affidavitPerjury, Manufacture, sale or transfer of bullets or shells represented to be armor piercing bullets, dragons breath shotgun shells, bolo shells, or flechette shells. How Do I Beat a Felony Drug Charge in Illinois? In fact, many states require that a defendant who is convicted of a Class 4 felony serve a minimum jail sentence of at least one year and/or pay a fine of up to $10,000. Probation is possible for a class 4 felony charge. Nonetheless, the State argued that because defendant was charged under subsection (d)(2)(B), that provision's express classification of the offense as a Class 2 felony must control. Remember, the law places a heavy burden on the government, and you have to be proven guilty beyond a reasonable doubt. Most DUIs in Illinois are a misdemeanor. January 14, 2022 Aggravated DUI is a felony - and it comes with a potential for a lengthy prison sentence. Despite the fact that a Class 4 felony is a relatively lesser charge than being charged with a Class 1 felony, it can still lead to serious consequences, such as a state prison sentence of up to one year or longer, and having to pay fines of up to $10,000 or more. Class X may be a more serious version of other crimes that begin as a lower level charge, such as aggravated criminal sexual assault, while criminal sexual assault is a Class 1. The Chicago Police pulled him over for a questionable traffic violation. Aggravating factors that can trigger a class 2 felony DUI include: The attorneys at Schierer & Ritchie have decades of combined experience handling DUI cases throughout Peoria and the surrounding areas. Results in a death (Class 2 felony, imprisonment of 3-14 years; 6-28 years if more than one death; fines of up to $25,000). Defendants convicted of a Class 4 felony will not only have to add this crime to their criminal record, but will also have to check off that they are a convicted felon after serving jail time. Our office is in DuPage County (Woodridge, IL) we offer free consultations. case or situation. When Is DUI a Felony in Illinois - Law Office of Jack L Zaremba Revocation of driving privileges for a minimum of 2 years from the effective date of the revocation or from the date of release from incarceration for the offense. Great bodily harm, permanent disability or disfigurement of a person as the result of a DUI is a Class 4 felony, with a prison sentence from one year to 12 years. In other words, the level of punishment is the second primary difference between these two categories of crimes. These may include both violent and non-violent acts, as well as an array of white-collar crimes (e.g., embezzlement). Thus, if you are facing charges for a Class 4 felony offense, then you should contact a local criminal lawyer immediately for further legal advice. Felony DUIs come with steep penalties, including fines and lengthy jail time. Under the right circumstances, some records for misdemeanors, specifically Class 3 and Class 4 felonies, may be sealed. They are usually violent crimes against a person or property, which include murder, robbery, certain amounts of drugs, burglary, rape, arson and aggravated assault. Aggravated (Felony) DUI in Illinois (This may not be the same place you live). Jaclyn holds a J.D. Class 3 felonies in Illinois include aggravated battery and theft that would range from $300 $2,000. Class 3 felony convictions can also see the imposition of fines of up to $25,000. The penalty for a Class 3 Felony in Illinois will vary based on your case and is determined by the judge. Class 4 felony charges can lead to very serious consequences. CAN THE POLICE ENTER YOUR HOME WITHOUT A WARRANT? Steven, the driver, and the backseat passenger were placed in handcuffs while the police searched. What Is a Class 4 Felony in Illinois? | Wolfe & Stec Not only will you face a suspension of your driving privileges if you test .08 or above blood alcohol content while driving a motor vehicle, you could face the suspension of your driving privileges if you refuse to submit to a blood alcohol test. What is Aggravated DUI in Illinois? - Skokie IL Criminal Defense Our Peoria DUI lawyers will fight to defend your rights. A Class 3 Felony in Illinois is the 4th most serious felony offense in the State of Illinois. If you are caught driving with a blood alcohol level (BAC) of 0.08 or higher, you can be arrested for driving under the influence. Committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). See 730 ILCS 5/5-4.5-45. The sentence of imprisonment shall be a determinate sentence of not less than one year and not more than 3 years. All rights reserved. Printed by authority of the State of Illinois. Some common crimes that fall within the Class 2 Felony classification in Illinois are: burglary, controlled substance trafficking, possession of a stolen gun, unlawful cannabis manufacturing, aggravated battery of an unborn child, arson, unlawful possession of a gun by a street gang member, forcible detention, kidnapping, compelling organization membership, methamphetamine-related child endangerment, robbery, theft over $500, child photography by a sex offender, unlawful disposal of methamphetamine manufacturing waste, bid rotating, bribery, abuse of a corpse, inducement to commit suicide, ritual mutilation, vehicle theft conspiracy, and many more. A Class 2 crime features a set of 3-7 per in the Illinois Department of Repair but is probationable. Aggravated DUI also differs than a regular DUI in that some convictions carry mandatory jail time. On the other hand, the penalties for aggravated DUI increase sharply for repeat offenders.

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