Class 1 Felony Lawyer Southern Illinois

Illinois Class 1 Felonies and Felony Classifications Explained

The common law traditionally divided criminal offenses into felonies and misdemeanors. Informally, the most serious penalties were reserved for felonies, while misdemeanors were subject to less severe punishments.

This law recognized that not all felonies were the same, though. Homicide was seen as less serious than larceny, for example. Among homicides, murder was subjected to more severe punishment than manslaughter.

States like Illinois maintained these distinctions when they codified their criminal laws. The state divides felonies into the following five levels, in descending order of severity:

• Class X felonies
• Class 1 felonies
• Class 2 felonies
• Class 3 felonies
• Class 4 felonies

Class X felonies are the most serious of the classified felonies. Above these five classifications, Illinois has two additional classes for habitual criminals and murderers. Generally, only habitual criminals and murderers face life imprisonment, while offenders convicted of lower-class felonies receive sentences with a definite term.

Illinois Statutes Covering Class 1 Felonies

The Illinois statutes classify many offenses as Class 1 felonies. This classification is most often applied to sex crimes, violent crimes, and drug crimes. Some property crimes can also be charged under this classification, but the property must be particularly valuable.

The following examples illustrate some of the offenses that fall into this classification:

Sex Crimes

Many sex crimes are considered to be Class 1 felonies, including:

• Producing child pornography
• Possession of child pornographyc with a prior sex crime conviction
• Criminal sexual assault
• Aggravated criminal sexual abuse by a supervisor over 17 against a victim under 18
• Indecent solicitation of a child if the solicited act would have constituted aggravated criminal sexual assault or predatory criminal sexual assault of a child

The punishment level for some of these offenses can be increased to a Class X felony based on the circumstances of the crime.

Violent Crimes

Second-degree murder is a Class 1 felony. However, it is sentenced differently from other offenses in this category. Second-degree murder occurs when someone commits a homicide that would qualify as first-degree murder, but they were either provoked by sudden and intense passion or mistakenly and unreasonably believed the killing was justified.

The following violent crimes also qualify as Class 1 felonies:

• Voluntary manslaughter of an unborn child
• Aggravated battery against a police officer
• Aggravated battery by torturing, strangling, or delivering a controlled substance
• Third or subsequent offense of luring a minor
• Human trafficking for involuntary servitude by restraining or threatening to restrain
• Human trafficking of someone 17 or 18 for sexual servitude
• Aggravated intimidation to further gang activity
• Criminal street gang recruitment on school grounds

Conspiracy to commit violent crimes can also qualify as a Class 1 felony. Specifically, conspirators planning a Class X felony, including first-degree murder, can be charged with a Class 1 felony.

Drug Crimes

Illinois has taken a hard line against drugs by imposing Class 1 felony punishment for any of these drug offenses:

• Possessing at least one gram of heroin, fentanyl, or cocaine
• Possessing at least five grams of LSD or MDMA
• Possessing at least 10 grams of morphine or ketamine
• Possessing at least 50 grams of peyote, barbiturates, oxycodone, hydrocodone, or amphetamines
• Manufacturing less than 15 grams of methamphetamine
• Delivering at least 15 grams of methamphetamine
• Possessing with intent to deliver at least five grams of methamphetamine
• Possessing at least 15 grams of methamphetamine

You can also face charges for possession of marijuana under certain circumstances, despite decriminalization. If you do not have a state-issued license, you can face Class 1 felony charges for possessing over five kilograms of marijuana.

Property Crimes

A few property crimes are classified as Class 1 felonies, including:

• Theft of property over $10,000 from a school, church, or government
• Theft of property over $100,000
• Theft by deception by falsely posing as a landlord to obtain rent or a security deposit of over $10,000

It’s important to note that if the accused allegedly steals property over $500,000, they are typically not eligible for probation in place of imprisonment.

Possible Defenses for Class 1 Felonies in Southern Illinois

We can employ a number of criminal defense strategies on your behalf, depending on your charges. While our exact strategy will be customized to your specific circumstances, some common defenses we may leverage include lack of knowledge, alibi, and Fifth Amendment violations.

Lack of Knowledge or Intent

Prosecutors must prove every element of an offense to secure a conviction. These elements almost always include your knowledge of the circumstances and your intent to bring about the prohibited outcome.

For example, to commit theft, you must intend to deprive another person or business of the property. If you mistakenly believed it was your property, you lacked the intent to steal it.

Alibi

An alibi involves using witnesses and evidence to show that you could not have committed the crime. For example, your alibi might be established with a witness who saw you somewhere other than the crime scene. It might also include forensic evidence, such as a DNA mismatch.

Fifth Amendment Violation

The offenses charged as Class 1 felonies tend to involve high-profile, serious crimes. As a result, the officers and detectives investigating the case might employ aggressive or even coercive tactics to force you to confess.

Fortunately, the Constitution’s Fifth Amendment protects you from some forms of self-incrimination. If the police questioned you after you asked for a lawyer, threatened you, or assaulted you, anything you said might not be admissible in your case.

Penalties and Detention Conditions for Class 1 Felonies in Southern Illinois

The penalties and detention conditions for people convicted of Class 1 felonies usually differ from those imposed on those convicted of Class 2 through 4 felonies. The state legislature uses the severity of the crimes associated with Class 1 felonies to justify the following conditions: