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Sentencing Alternatives in Illinois

As a Criminal Defense Lawyer my goal for all of my clients is winning. Keeping your Freedom that is avoiding or reducing jail time is at the top of our list of winning goals. In some cases winning means having the case dismissed. In some cases winning means avoiding a felony conviction or avoiding registration a sex offender. In other cases winning means going all the way and having a judge or a jury decide my client’s fate at a trial.

In yet other cases it means preparing for trial or motions with an eye towards negotiating the best result for my client. Good lawyers work hard for their clients. Great Criminal Defense lawyers are relentless in pursuing every available alternative and option for each their clients. Your criminal defense lawyer at the Law Offices of Raymond G. Wigell, Ltd. will know and maximize every alternative and option for YOU. The alternatives will be clearly communicated to you by your experienced criminal lawyer.

In Illinois courts, the Judge will sentence the defendant after a plea of guilty or a finding of guilt at a bench or jury trial. In Federal cases the Judge also determines the sentence of the defendant. The only exception to this is in Capital cases (death penalty cases) in which the jury will determine if the death penalty will be the sentence.

Judges consider many factors to determine a sentence, including

Your Chicago Criminal Attorney Will Highlight the Positive Factors

Good lawyers are aware of these factors. Great criminal attorneys maximize the positive factors and minimize the negative factors for each of their clients.

Your Criminal Defense Lawyer at The Law Offices of Raymond G. Wigell, Ltd. prepare for the WIN by maximizing the positive factors and minimizing the negative factors for each of their clients. We approach each case as the most important case that we have handled because for you it is!

An educated client can help us prepare his/her case by understanding the law. Your criminal lawyer at the Law Offices of Raymond G. Wigell, Ltd. will take the time to explain all aspects and alternatives in your case. This will empower you to make clear choices in your criminal defense case.

CALL (708) 481-4800 or (800) 582-LAWS or EMAIL rwigell@waltd.com your criminal lawyer at the Law Offices of Raymond G. Wigell, Ltd. NOW for a free initial consultation and case evaluation. We welcome the opportunity to give a second or third opinion. Your case is the most important case you have, we are here to help you understand your alternatives.

I receive several calls each day asking for a first, second or third opinion about a Chicago or Joliet area criminal case. Some of the cases have been in the system for months and the clients don’t even know the Class of felony or misdemeanor that they have been charged with. It is an attorney’s obligation to fully inform the client regarding the potential penalties based on the pending charges.

What follows is a basic chart to help you understand your situation. This is not meant to be advice or a substitute for a legal consultation. Please call (708) 481-4800 or Email me at rwigell@waaltd.com for a free initial consultation regarding your Chicago or Joliet area Illinois criminal case or your Federal Criminal case.

In Illinois misdemeanors are punishable by imprisonment in the county jail for less that one year as follows:

Class

Jail Minimum/Maximum

Maximum Fine

Class A

0-364 days

2,500.00

Class B

0-180 days

$1,500.00

Class C

0-30 days

$1,500.00

Source 730 ILCS 5/5- 4.5-55; 60; 65.

In Illinois felonies are punishable by imprisonment in the Illinois Department of Corrections for one year or more as follows:

FELONIES

Class

Prison Minimum/Maximum*

Fine**

Class 4

1-3 years

$25,000.00

Class 3

2-5 years

$25,000.00

Class 2

3-7 years

$25,000.00

Class 1

4-15 years

$25,000.00

Class X

6-30 years***

$25,000.00

First Degree Murder

not less than 20 years***

$25,000.00

* or the period of time specified in the specific statute

**or the dollar amount specified in the specific statute

***(non-probationable)

Source 730 ILCS 5/5 - 4.5-5-5

There is much more to sentencing than the above chart suggest. Only an experienced criminal attorney can provide you with an understanding of your potential sentence. Many charges are governed by specific laws that require the judge to sentence the defendant to a mandatory minimum period in prison. Mandatory minimum charges are non-probationable. Most sex offenses require the convicted person to register as a sex offender for at least ten (10) years and in many instances require lifetime registration. Some Drug charges require mandatory minimum prison time and a mandatory minimum fine.

Federal sentencing is much more complex that state sentencing. Sentencing in Federal criminal cases require the criminal lawyer to have a through working knowledge of the Federal Sentencing Guidelines and knowledge of the extensive body of case law that have interpreted the Guidelines. Not only knowledge of the ever expanding body of laws that govern Federal sentencing but also using this knowledge for the benefit of each client is what criminal defense attorneys do.

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