Areas of Practice
The term "criminal defense" is used to describe the legal protections provided by attorneys to persons accused of committing a crime. To ensure that your constitutional rights are protected, it is important that you have an attorney representing you through all aspects of the criminal court system, including arraignments, pretrial hearings, settlement conferences, trials and sentencing hearings. Our attorneys at Statham & Long, LLC, represent the accused in all manner of cases, including ordinance violations, petty offenses, misdemeanors, felonies, post-conviction relief, and petitions to revoke probation.
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A sentence of conditional discharge is a conviction. While probation requires the defendant to report to a probation officer, conditional discharge does not require reporting. Instead, the defendant must comply with certain conditions, the most common condition being that the defendant not violate the law during a set time period.
Commonly referred to as "deferred prosecution," a sentence of court supervision is not a conviction. Rather, the court will continue the case for a period of time (typically one or two years). At the end of the period of supervision, if the defendant has performed all requirements under the sentencing order and not violated the law, the court will dismiss the charges.
Felonies in Illinois generally fall into five categories: Class X, Class 1, Class 2, Class 3, and Class 4. A Class X felony is punishable by 6-30 years in the department of corrections; a Class 1 felony is punishable by 4-15 years in the department of corrections; a Class 2 felony is punishable by 3-7 years in the department of corrections; a Class 3 felony is punishable by 2-5 years in the department of corrections; and, a Class 4 felony is punishable by 1-3 years in the department of corrections. All of these felonies may include a maximum fine of $25,000. Please note that sentences for murder convictions differ from other felony classifications. A common example of a felony is burglary or arson.
Mandatory Supervised Release
Formerly known as "parole," mandatory supervised release is a period of time during which the defendant must report to a parole officer and comply with a number of rules. The period of mandatory supervised release begins upon release from the department of corrections.
Misdemeanors in Illinois fall into three categories: Class A, Class B, and Class C. The most serious misdemeanor is a Class A, which is one step under a felony offense. The maximum possible penalty for a Class A misdemeanor is up to 364 days in jail and/or a maximum fine of $2,500. A common example of a misdemeanor is driving under the influence or theft (under $500).
An ordinance violation is a charge issued by a municipal government alleging a violation of local municipal rules. Ordinance violations are not criminal in nature, and typically include parking violations, nuisance violations, noise violations, and other simple infractions. The penalty for an ordinance violation is usually monetary in nature.
A petty offense in Illinois is any offense for which the maximum fine may not exceed $1,000. It is not possible to receive a jail sentence for a petty offense. A common example of a petty offense is speeding or failing to wear a seat belt.
A sentence of probation is a conviction. When a defendant is sentenced to a period of probation the defendant will be required to report to a probation officer and comply with a number of rules, including but not limited tto drug testng and home inspections. A sentence of probation is an alternative to incarceration.
A monetary obligation of a defendant to the victim of a crime for actual monetary losses. For example, a defendant convicted of theft may be required to pay restitution in the amount of the property that was stolen.
For further information regarding Criminal Defense, or any other matter, please call us today.