Felony Classifications in Southern Illinois
States have considerable discretion in defining the sentences for criminal offenses. However, the Constitution’s prohibition of “cruel and unusual punishment” requires some level of proportionality. In other words, the penalty should, objectively speaking, fit the crime.
Illinois accomplishes this goal by classifying felonies into these levels:
Class 4 felonies are the least serious and carry the least severe penalties, while Class X felonies are reserved for severe offenses with the harshest penalties.
Notably, first-degree murderers, second-degree murderers, and habitual criminals fall outside the felony classifications. Generally, only those convicted of first-degree murder or classified as habitual criminals face life imprisonment under Illinois law.
Illinois Statutes Covering Class X Felonies
The Illinois statutes include many offenses classified as Class X felonies. These crimes cover homicides, violent crimes, sex crimes, and some property crimes. Additionally, a few serious drug crimes also qualify as Class X felonies.
The following criminal offenses fall into this classification:
Homicide
First- and second-degree murders fall outside the felony classifications, and manslaughter is usually treated as a lower-class felony. However, three offenses relating to homicide can be classified as Class X felonies.
Drug-induced homicide occurs when someone causes a death by violating Illinois drug laws against delivering controlled substances. Solicitation of murder happens when someone commands or requests someone to murder someone else. It’s important to note that solicitation is a crime even if the other person does not carry out the murder.
Finally, attempted first-degree murder is a Class X felony. “Attempt” means that the accused had the intent to commit first-degree murder and took a step in furtherance of their plan.
Violent Crimes
Several violent crimes are classified as Class X felonies under Illinois law, including:
- Aggravated kidnapping of a child
- Aggravated kidnapping for ransom or with a dangerous weapon
- Human trafficking involving the involuntary sexual servitude of a minor
- Aggravated battery with a firearm
Many other violent crimes are classified as lower-class felonies. Thus, one option for defending against these charges is to seek a reduction in charges based on mitigating evidence.
Property Crimes
A few property crimes qualify for Class X felony punishment. These crimes usually involve valuable property, harm, or threats of harm, such as:
- Armed robbery using a dangerous weapon or firearm
- Aggravated vehicle hijacking committed against a disabled person, with a minor in the vehicle, or while armed
- Home invasion while armed or that results in an intentional injury
- Aggravated arson when the accused knows or should know that people are present
- Theft of property worth over $100,000 from a school, church, or government
- Theft of property worth over $1 million
The thefts that qualify as Class X felonies can be accomplished by taking the property or deceiving the owner into giving it to the accused. This means these thefts do not require violence or threats.
Sex Crimes
Many sex crimes fall into the Class X category, including:
- A repeat offense of criminal sexual assault
- Aggravated criminal sexual assault
- Predatory criminal sexual assault of a child
- Arranging for an adult over 17 to have sex with a child under 13
- Promoting child prostitution
- Producing or distributing child pornography, consisting of a video or film
In addition to the risk of mandatory imprisonment, these offenses also require the accused to register as a sex offender after their release.
Drug Crimes
Drug crimes, particularly those on the supply side of drug transactions, can qualify as Class X felonies, including the following:
- Manufacturing, delivering, or possessing drugs with the intent to distribute
- Participating in a criminal drug conspiracy
- Participating in a street gang drug conspiracy
Certain drug charges can also be elevated to Class X felonies based on the location. For example, manufacturing, delivering, or possessing with the intent to distribute small amounts of drugs is typically treated as a Class 1 felony. However, it can be elevated to a Class X felony when it occurs on school grounds, church property, or senior center property.
Possible Defenses Against Southern Illinois Class X Felonies
The defenses we raise against Class X felonies depend on the nature of the offense. For example, we could assert a claim of right in a defense against theft. However, this defense does not work in homicide or sex crime cases. Thus, our attorneys tailor any criminal defense strategy to match your specific evidence and charges.
Some defenses we may be able to leverage in your case involve lack of proof, consent, alibi, or lack of intent.
Lack of Proof
Class X felonies require prosecutors to have evidence beyond a reasonable doubt of every element of the offense, including any circumstances that elevate it to a Class X felony. Sometimes, this requirement can work in your favor.
For example, we may be able to argue that the prosecution has no proof that you possessed a weapon to justify a Class X felony charge of armed robbery. You may still face robbery charges, but you could avoid the harsh penalties that come with Class X felonies.
Consent
Consent is a defense to some sex crimes, such as criminal sexual assault. If applicable to your case, we can present evidence or witnesses to prove that the alleged victim consented to the sex act.
Alibi
Our attorneys may also be able to present evidence that you did not commit the crime because you were elsewhere at the time. For example, you might have alibi evidence, such as security video, proving that you were at the store when prosecutors allege you committed a home invasion.
Lack of Intent
Felony offenses usually require knowledge of the circumstances and intent to commit the prohibited act. Prosecutors must prove your intent beyond a reasonable doubt.
Our team can defend you under this principle by poking holes in the prosecution’s evidence or presenting an alternate explanation for what occurred. For example, perhaps you lacked the intent to distribute drugs if you possessed them for your personal use.
