Naperville Felony Defense Lawyer

Being convicted of a criminal offense is never a good thing for your life or your future. A felony conviction can have an impact that far exceeds that of a misdemeanor crime. If you are facing felony charges, it’s critically important to seek the help of a Naperville felony defense lawyer as soon as possible.

What Makes a Crime a Felony?

Serious Crimes Lead to Serious Penalties

Broadly speaking, felonies are crimes that are more severe than misdemeanors. “Severity” can be subjective, but felony crimes often involve considerable physical violence or cause significant harm. For example, if you are found in possession of drug paraphernalia, you will likely face misdemeanor charges. But if you are trafficking large amounts of drugs — which could potentially lead to countless overdoses and other drug-related harms — you will be charged with a felony.

Classes of Felonies in Illinois

Most people know that felonies are serious crimes, but not everyone understands the different classes of felonies. Your Naperville felony defense attorney can help you understand the exact nature of the charges you’re facing, but it may also be helpful to understand how Illinois classifies felonies.

First-Degree Murder (Class M)

First-degree murder is its own class of felony. While Illinois does not have the death penalty, you may be sentenced to 20 years to life in prison if you are convicted.

Class X

Class X felonies are not as severe as first-degree murder, but they are among the most serious crimes you can be charged with. These are some examples:

• Child sex trafficking
• Aggravated sexual assault
• Aggravated battery with a firearm
• Home invasion
• Attempted first-degree murder.

If you are convicted of a Class X felony, you may be sentenced to 6 to 30 years in prison.

Class 1

This is the next level of severity, and it includes offenses like these:

• Production of child pornography
• Many drug possession crimes
• Criminal sexual assault
• Arson of a home or place of worship
• Second-degree murder.

These felonies are punishable by 4 to 15 years in prison.

Class 2

Class 2 felonies include the following crimes:

• Burglary
• DUI resulting in death
• Robbery
• Aggravated domestic battery
• Witness harassment.

These felonies are punishable by 3 to 7 years in prison.

Class 3

While this class of felonies does include some violent crimes, many Class 3 felonies in Illinois do not involve violence. You may face Class 3 felony charges if you are arrested for any of the following:

• Forgery
• Theft between $300 and $1,000
• Possessing a firearm as a felon
• Manufacturing and selling drugs
• Aggravated assault.

If you are convicted of a Class 3 felony, you may face 2 to 5 years in prison.

Class 4

Class 4 felonies may seem like “minor” crimes compared to some of the higher-level felonies. However, that doesn’t mean they can’t have a serious impact on your life. These are some examples of common Class 4 felonies:

• Theft of less than $300
• Domestic battery
• Stalking
• Driving on a revoked license
• Aggravated DUI.

These crimes can lead to a sentence of 1 to 3 years in prison. However, in some cases, they may have an impact on your life comparable to that of much greater crimes. For example, a conviction for stealing something worth less than $300 might seem inconsequential, but many, if not most, employers would hesitate to hire someone with a theft conviction.

Whether you’ve been charged with first-degree murder, a Class 4 felony, or anything in between, you need a competent defense attorney as soon as possible. At Wolfe & Stec, we take the time to get to know you and your case before building you a custom defense. Call 630-305-0222 to talk to a criminal defense attorney in Naperville today.

How a Felony Conviction Can Impact Your Life

Often, the dialogue around the consequences of a felony is focused on fines and prison sentences. These are some of the most obvious consequences of a felony conviction, but many people don’t realize just how far-reaching the impact of a felony conviction can be. In Illinois, you may contend with the following consequences if you are convicted of a felony.

You May Lose Your Right to Own a Gun

If you are convicted of a felony in Illinois, you are not allowed to own or use a firearm. You also may not live in a residence where another person owns a gun if that gun is accessible to you. This is a lifetime ban, and you cannot restore your firearm rights unless you are formally pardoned.

You May Lose Your Right to Serve on a Jury

In most cases, someone convicted of a felony may not serve on a jury in Illinois. However, in some circumstances, you may be able to petition the court to have that right reinstated.

It May Be Harder to Secure Employment

You may already know that people with felony convictions are typically not allowed to practice medicine. They also may be barred from obtaining professional licenses in the skilled trades. However, even if you are not trying to obtain a professional license, many employers will not hire someone with a felony.

You May Lose Your Right to Public Housing

In some circumstances, having a felony in Illinois may mean you cannot access public housing or be eligible for Section 8.

You May Have Trouble Finding Housing

Even if you are not seeking public housing, a felony conviction can still make it harder to find housing. Many private landlords will run background checks on potential tenants, and if you have a felony conviction — especially a felony conviction for violent behavior —  you may have trouble finding someone willing to rent to you.

You May Struggle Financially

Fines for felonies can be hundreds of thousands of dollars. When you also consider the fact that a felony conviction can diminish your earning potential, it’s easy to see how a felony can seriously harm your finances.

You May Have to Register as a Sex Offender

If the felony you are convicted of is a sex offense, you may be placed on the Illinois Sex Offender Registry. If you are a registered sex offender, you’ll face limits on where you can live and work. Your reputation may also be permanently damaged.

Your Travel Rights May Be Restricted

Some countries will not allow you to enter with felony convictions on your record. If you have a felony conviction, you should always make sure your destination country will legally allow you to enter.

If you have been charged with a felony, now is not the time to take chances. The sooner you retain a criminal defense lawyer in Naperville, the sooner your defense team can get started on your case.

FAQ

Whether this is your first brush with the legal system or you have faced serious charges before, you probably have questions. These are some of the questions we often hear from new clients.

What’s the difference between a misdemeanor and a felony?

Misdemeanor crimes are less severe than felonies, and they are punishable by up to a year in jail. Felonies are more severe crimes punishable by one year to life in prison.

How are felony sentences determined?

Illinois has a wide range of possible sentences for every felony crime. If you are convicted, the length of your sentence is determined by the class of the felony, any aggravating or mitigating factors, the impact of the crime on your community, and your previous criminal record.

Can you be sentenced to death in Illinois?

No. Illinois repealed the death penalty in 2011, making life in prison with no parole the most severe penalty you can receive.

What are the classes of felony in Illinois?

The classification of felonies in Illinois can be confusing. First-degree murder is its own class (sometimes called “Class M”). The next most severe type is the Class X felony. You also may be charged with Class 1, Class 2, Class 3, or Class 4 felonies, with Class 1 being the most severe and Class 4 being the least.

Can you expunge a felony in Illinois?

Felony convictions can be sealed or expunged only in very limited circumstances. We can assess your case and tell you whether you may be eligible for expungement.

We understand that you likely have more questions. Don’t hesitate to reach out to us for answers.

Why Choose Us?

When Your Freedom Is on the Line, the Right Criminal Defense Lawyer Matters

Most people will give you the same advice if you’ve been arrested: “Get a lawyer!” They’re correct, but you shouldn’t just choose the first defense lawyer you find. While no one can guarantee an acquittal, an experienced defense lawyer with a track record of success can maximize your chances of a positive outcome.

At Wolfe & Stec, we have successfully defended clients facing everything from low-level felonies to life in prison. We firmly believe that every person accused of a crime deserves the strongest defense possible — and we are prepared to provide that defense.

Facing felony charges? Don’t assume a conviction is inevitable. Call 630-305-0222 today to speak to the Naperville felony defense lawyers at Wolfe & Stec.