Class 4 Felony Lawyer Chicago, Illinois

Class 4 Felony Lawyers in Chicago, Illinois Serving All of Cook County

While it may be the lowest felony classification in the state of Illinois, that doesn’t mean the penalties for a Class 4 felony are minor. A conviction can lead to jail time, probation, and a permanent criminal record that will follow you for years. Prosecutors in Cook County take felony cases seriously—and you should, too.

At Combs Waterkotte, we understand that people can find themselves facing felony charges for several different reasons. Sometimes, it’s a misunderstanding. Sometimes, it’s a simple error in judgment. And sometimes, it’s an incomplete or even false accusation. That’s why when you choose us, we take the time to understand the facts of your case and develop a defense strategy just for you.

Our criminal defense team brings more than eight decades of combined experience to every felony case we handle. From negotiating for reduced charges or alternative sentencing options to challenging the prosecution’s evidence at trial, we’ll fight aggressively to protect your rights, your reputation, and your future.

If you’re facing a Class 4 felony charge in Chicago or Cook County, don’t wait to get legal representation. Contact Combs Waterkotte online or call (314) 900-HELP today for a free, confidential consultation. The sooner you involve an experienced defense attorney, the more opportunities you have to secure a favorable outcome.

What Is a Class 4 Felony Under Illinois Law

Illinois criminal law separates felonies into five distinct classes. From most severe to least severe, these classes are:

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

While Class 4 felonies are the lowest felony classification, a conviction still carries penalties that can affect your life for years or even decades to follow. According to 730 ILCS 5/5-4.5-45, a Class 4 felony conviction in Illinois may result in:

• A 1 to 3 year prison sentence
• A 3 to 6 year extended prison sentence
• Up to 30 months probation
• A fine up to $25,000
• One year of parole or mandatory supervision after release

Class 4 felonies are the next step up from misdemeanor offenses, reflecting crime and behavior that Chicago police and Cook County prosecutors treat with an added sense of severity.

Chicago, Illinois Class 4 Felony Examples

Several criminal offenses in the Chicago and Cook County area carry Class 4 felony charges under Illinois law. It’s best to think of these offenses in terms of categories, including:

• Violent crimes
• Gun crimes
• Sex crimes
• Drug crimes
• Theft crimes

Class 4 Felony Violent Crimes in Chicago

There are several elements of many violent crime offenses in Chicago which cause the crime to cross over from a misdemeanor to a Class 4 felony. Some of the most common Class 4 violent crime felonies charged under Illinois law include:

• Aggravated assault when:
  • Using a weapon against an Illinois government employee
  • Assaulting a police officer, firefighter, or EMS worker
  • Discharging a firearm
  • Flashing a gun’s laser sight at someone
  • Threatening a police officer, firefighter, or EMS worker with a gun
  • Threatening to hit someone with a car
• Domestic battery when:
  • An offender has a prior conviction for violating an order of protection
  • An offender has a prior violent crime conviction
  • An offender has one or two prior domestic battery convictions
• Stalking
• Any second violation of:
  • An order of protection
  • A civil no contact order
  • A stalking no contact order

Class 4 Felony Gun Crimes in Chicago

The state of Illinois is notorious for having some of the strictest gun laws in the United States. Many weapons offenses result in felony charges, and the ones that most often result in Class 4 felony penalties include:

• Unlawful possession of a weapon when:
  • Carrying a gun in a bar or at a licensed public event
  • Having a gun while hooded or masked to conceal one’s identity
• Aggravated unlawful possession of a weapon
• Reckless discharge of a firearm
• Unlawful possession of a handgun

Class 4 Felony Sex Crimes in Chicago

Sexual offenses—especially those committed against minors—often result in felony charges in the Chicago and Cook County area. Some of the sex crimes that most often result in Class 4 felony charges include:

• Criminal sexual abuse when:
  • Using force or the threat of force
  • The offender knows their victim cannot consent
• Indecent solicitation of a child when sexting with a minor and intending to commit:
  • Aggravated criminal sexual assault
  • Predatory criminal sexual assault of a child
  • Aggravated criminal sexual abuse
• Solicitation to meet a child when:
  • The offender believes they are 5 or more years older than the child
• Sexual exploitation of a child for:
  • Second of subsequent offenses
  • Offenders with a previous sex crime conviction
  • Offenders whose victims are under 13 years old
• Patronizing a prostitute
• Revenge porn

Class 4 Felony Drug Crimes in Chicago

The Illinois Controlled Substances Act, Methamphetamine Control and Community Protection Act, and Cannabis Control Act all outline drug-related felony offenses under Illinois law. The offenses most commonly charged as Class 4 felonies are:

• Unlawful possession of cannabis when having:
  • Between 30 and 100 grams of marijuana (for a subsequent offense)
  • Between 100 and 500 grams of marijuana (for a first offense)
• Possession of a controlled substance for small amounts of:
  • Heroin
  • Cocaine
  • Crack
  • Ecstasy
• Possession of anhydrous ammonia (a common meth ingredient) when:
  • Storing or delivering it in an unauthorized container

Class 4 Felony Theft Crimes in Chicago

A few theft-related offenses cross the boundary from misdemeanor to felony when certain amounts or a prior criminal history are involved. Common Class 4 felony theft crimes charged by Cook County prosecutors include:

• Theft when stealing:
  • Up to $500 of government property from a school or a church
  • Up to $500 with a past theft or robbery-related conviction
• Retail theft for:
  • A second or subsequent offense up to $300
  • Stealing up to $300 with a past theft-related conviction
• Identity theft when:
  • Stealing up to $300 from someone else

Criminal Defense Strategies Against Chicago Class 4 Felony Charges

Class 4 felony charges in Chicago and Cook County are serious, but they’re also the type of felony charge most likely to result in reduced sentences or dismissed charges. That’s why if you’re charged with a Class 4 felony, it’s vital to hire a criminal defense lawyer as soon as you can.

At Combs Waterkotte, we’ve helped hundreds of Chicago area clients take on felony-level criminal charges before. When it comes to Class 4 felonies, the following are some of the most common criminal defense strategies we use to achieve favorable outcomes.

Lack of Intent

Many Class 4 felony charges under Illinois law require prosecutors to prove a defendant acted knowingly or with a specific criminal purpose. A defense lawyer can argue that their client lacked the intent required and that the conduct was accidental, mistaken, or misunderstood. This strategy can be particularly effective in cases of theft, drug possession, or weapon crimes where prosecutors have to establish that a defendant knowingly possessed property, contraband, or a firearm.

Fourth Amendment Violations

A defense lawyer can challenge evidence obtained by police through unlawful searches, seizures, or traffic stops. If law enforcement violated the defendant’s Fourth Amendment rights, the court may suppress any evidence the cops find, making it difficult or impossible for them to prove their case. Fourth Amendment violations may arise in drug cases, weapons cases, and sex crimes where officers discover evidence through nefarious means.

Fifth Amendment Violations

In felony cases, Cook County prosecutors often rely on statements made by a defendant during questioning. A defense attorney can argue that investigators violated a defendant’s Fifth Amendment rights by using coercive tactics, ignoring requests for a lawyer, or obtaining statements involuntarily. If successful, the court can exclude those statements from evidence. Fifth Amendment violations may occur in theft, sex crime, domestic violence, and drug cases where admissions often play a significant role in the prosecution’s case.

Miranda Rights violations

When a person is subject to arrest or police interrogations, law enforcement must advise them of their Miranda rights. If they fail to do so, a defense lawyer may seek to suppress any resulting incriminating statements. Oftentimes, this defense is raised in cases involving drug possession, gun crimes, theft, and domestic battery charges where statements made by a defendant are core to he prosecution’s case.

Entrapment

Entrapment happens when law enforcement officers or undercover agents cause someone to commit a crime they otherwise would not have committed. A defense lawyer can try to argue that the criminal conduct originated with the police instead of the defendant. An entrapment defense is often relevant in solicitation offenses, prostitution-related crimes, some drug investigations, and internet-based sex crime stings. If officer encourage illegal conduct in these cases, a good lawyer can intervene.

Consent

In some Chicago criminal cases, an alleged victim’s consent can undermine the criminal element of the prosecution’s case. A defense lawyer can submit evidence proving that the conduct was voluntary, authorized, or mutually agreed upon. While a consent defense isn’t available in every case, it can be an important defense in sex crime allegations, harassment-related offenses, and disputes involving property where the parties involve disagree about what happened.

Claim of Right

A claim of right defense argues that a defendant honestly believed they had a lawful right to possess, use, or take property they’ve been accused of stealing. This defense asserts that, rather than acting with criminal intent, the individual believed the property belonged to them or that they were entitled to it. This defense is commonly used in theft and property-related charges where ownership, permission, or possession is disputed.

Self-Defense or Defense of Others

When a Class 4 felony charge involves allegations of violence or threats of violence, a defense lawyer might argue that a defendant acted to protect themselves or protect another person from imminent harm. Illinois law recognizes the right to use reasonable force under certain conditions. This defense may be relevant in aggravated assault, domestic battery, and other offenses where a defendant was responding to a threat.

Steps to Take If You’re Arrested for a Class 4 Felony in Chicago

While being arrested for a Class 4 felony by Chicago police is never ideal, there are steps you can take to protect your legal rights and your criminal defense. The expert defense attorneys at Combs Waterkotte recommend the following during and after a felony arrest in Chicago:

• Exercise your right to remain silent — Anything you say can be used as evidence against you. Provide identifying information as required, but avoid answering any question about the allegations before talking to a lawyer.
• Request a lawyer immediately — One of the most important steps you can take after a Class 4 felony arrest is asking for counsel. A lawyer can protect your rights, talk to the police for you, and help you avoid mistakes that could harm your defense.
• Do not consent to police searches — Generally, police are not allowed to search your home, car, or phone without probable cause or a warrant. If they ask to take a look around, you have the right to refuse—and you should.
• Remain calm and comply with law enforcement — Resisting arrest, arguing, or attempting to flee will just create more problems. Staying calm and compliant helps protect your safety and provent prosecutors from adding additional charges.
• Don’t discuss your case with anyone — Conversations between you and your lawyer are protected, but conversations between you and family, friends, or co-defendants are not. It’s best to keep the details of your case and defense between you and your lawyer.
• Preserve potentially helpful evidence — You never know what piece of evidence may be the key to your defense. Save texts, emails, photos, receipts, and other records that may help support your version of events.
• Follow bond and release conditions — If you’re released from custody, comply with all of the court’s conditions. Missing court dates or contacting co-defendants about the charges can lead to additional penalties.