When facing felony charges in Belleville, you need an experienced and dedicated legal team to protect your rights and advocate on your behalf. At Richard Roustio, we specialize in defending individuals accused of felony crimes, and our track record speaks for itself. Our attorney is a former public defender with over 25 years of experience. We understand the severe implications of felony charges and are here to provide you with a vigorous defense to help you navigate the complex legal system.
I successfully completed my treatment and probation period and my case was dismissed.Former Client
What is a Felony?
Under Illinois law, a crime is considered a felony if it is punishable by at least one year in state prison (crimes that warrant the death penalty are also considered felonious offenses). The consequences of a felony conviction are all harsh and vary depending on the class of felony.
Felony Classifications & Penalties in Illinois
Felony classes and penalties in Illinois include:
- First-degree murder – In Illinois, first-degree murder is a separate class. First-degree murder convictions come with prison time of 20-60 years. In some cases, first-degree murder can even land you on death row. 720 Ill. Comp. Stat. § 5/9-1; 730 Ill. Comp. Stat. § 5/5-4.5-20.
- Class X – Class X felonies include firing a weapon during an aggravated battery, committing a felony with a firearm, home invasion with a firearm or other dangerous weapon, participation in manufacture of methamphetamine (must be ≥15g to be considered in Class X). Class X felonies warrant 6-30 years in prison and 3 years of mandatory supervision after release. 730 Ill. Comp. Stat. § 5/5-4.5-25.
- Class 1 – Class 1 felonies include burglarizing a home, school, or house of worship, second-degree murder, and sexual assault. Class 1 felonies warrant 4-15 years in prison, 2 years of mandatory supervision thereafter, and probation or conditional release for 4 years, if applicable. 720 Ill. Comp. Stat. §§ 5/9-2, 5/11-1.20, 5/19-1, 5/19-3.
- Class 2 – Class 2 felonies include aggravated domestic battery, unlawful attempt to purchase (or actual purchase) of a firearm, and robbery. Class 2 felonies warrant 3-7 years in prison and 2 years of mandatory supervision thereafter. 720 Ill. Comp. Stat. §§ 5/12-3/3, 5/18-1, 5/24-3.5.
- Class 3 – Class 3 felonies include aggravated battery on private property or in dedicated religious spaces; aggravated battery against elderly people, women who are pregnant, or school teachers; theft of property worth between $500 and $10K; and having ≤5g of methamphetamine in one’s possession. Class 3 felonies warrant 2-5 years in prison and only 1 year of mandatory supervision after release, with the potential for periodic imprisonment and probation thereafter. 720 Ill. Comp. Stat. §§ 5/12-3.05, 5/16-1, 646/60.
- Class 4 – Class 4 felonies include credit card fraud, identity theft, theft of property valued at ≥$300, selling stolen property of the same value, unauthorized possession of a prescription form that is empty or has been changed in some way, and using another person’s credit or debit card without the owner’s permission. Class 4 felonies warrant 1-3 years in prison, 1 year of mandatory supervision after release, periodic imprisonment after release, and a maximum of 30 months of probation or another form of conditional release. 720 Ill. Comp. Stat. §§ 5/16-30, 5/16-40, 5/17-38, 570/406.2.
Risk Factors for a Felony Conviction
You may be more likely to receive a harsher conviction in your case if any of the following are true:
- You have a criminal history.
- The felony criminal act in question resulted in serious harm to another person or their interests.
- The felony criminal act in question created a serious threat of harm to another person or their interests.
- The crime in question was perpetrated against a disabled or elderly person.
- The victim of the crime in question was targeted because of their membership in a protected class (race, ethnicity, national origin, religion, gender, sexual orientation, etc.). 730 Ill. Comp. Stat. §§ 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2.
At Richard Roustio, we employ a comprehensive and strategic approach to build a strong defense tailored to your unique circumstances. Here are some of the key defenses we may use to protect your rights:
- Lack of Evidence: In any criminal case, the prosecution must prove its case beyond a reasonable doubt. Our experienced attorneys will meticulously examine the evidence against you to identify weaknesses, inconsistencies, or gaps that could cast doubt on your guilt.
- Fourth Amendment Violations: If law enforcement violated your Fourth Amendment rights during the investigation, such as conducting an illegal search or seizure, we will work to suppress any illegally obtained evidence in court.
- Self-Defense or Justification: In cases involving violent felonies, we may argue that you acted in self-defense or that your actions were justified.
- Mistaken Identity: In some cases, witnesses may misidentify the alleged perpetrator. We will investigate the reliability of witness statements and pursue every avenue to prove that you are not the individual responsible for the crime.
- Illegal Interrogation or Coerced Confession: If you made statements to law enforcement under duress or without being properly informed of your rights, we will challenge the admissibility of any statements you made.
- Alibi: If you have a credible alibi that can prove you were not at the scene of the crime when it occurred, we will present this evidence to undermine the prosecution's case.
- Procedural Errors: We will closely examine the entire legal process to identify any procedural errors that may have occurred during your arrest, trial, or sentencing. Such errors can lead to case dismissals or reduced charges.
Contact Our Belleville Felony Crimes Attorney Today
Facing felony charges in Belleville is a serious matter that demands a skilled and experienced legal advocate. At Richard Roustio, we provide you with the strong defense you need to protect your rights and future. Our am ready to guide you through the complexities of the legal system and fight vigorously on your behalf.
Contact Richard Roustio today to schedule a consultation with our felony crimes lawyer in Belleville!
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