Forcible Felony Lawyers Chicago Illinois

Forcible Felony Lawyers in Chicago Serving All of Cook County Illinois

How can Combs Waterkotte’s Chicago, Illinois felony lawyers help you fight back against your forcible felony charges? The first step is a free, confidential consultation to understand the circumstances of your case. You tell us what happened, and we’ll do a thorough review of your account of the facts.

Next, we’ll pore through any applicable laws and statutes to start challenging the prosecution’s accusations in order to build a rock-solid criminal defense for you. We’ll examine forensic evidence, look for inconsistencies in witness statements, and scrutinize police procedure to ensure your rights weren’t violated at any point.

As your case progresses, we’ll negotiate with prosecutors to secure a reduction in your charges or even an outright dismissal of your case. If the prosecution doesn’t want to negotiate or you don’t accept their terms, we’ll fight hard at trial to secure a not guilty verdict.

There’s a lot at stake when it comes to forcible felony charges: prison terms, the forfeiture of certain civil rights, and damage to your reputation. If you’ve been charged with a forcible felony in Chicago, don’t wait. Call Combs Waterkotte at (314) 900-HELP or reach out to our expert attorneys online and start fighting back against your forcible felony charges today.

What Is a Forcible Felony in Chicago Illinois?

While the state of Illinois uses a well-defined classification system for its felony offenses, forcible felonies are not on that list. Rather, a forcible felony under Illinois law is defined as particular felonies resulting in great bodily harm or permanent disability or disfigurement.

The statute goes on to list 14 specific offenses that classify as a forcible felony:

Despite this detailed list, the statute goes on to say that “any other felony which involves the use or threat of physical force or violence against any individual” qualifies as a forcible felony. This means several criminal offenses within the Illinois Criminal Code fit the forcible felony criteria.

What Are the Penalties of a Forcible Felony Conviction in Chicago?

In Chicago, Illinois, forcible felonies span the entire spectrum of felony classifications. As such, prison sentences for a forcible felony conviction in Chicago range widely depending on the classification of the felony in question:

• Class X forcible felony conviction: 6 to 30 years; 30 to 60 years for an extended term
• Class 1 forcible felony conviction: 4 to 15 years; 15 to 30 years for an extended term
• Class 2 forcible felony conviction: 3 to 7 years; 7 to 14 years for an extended term
• Class 3 forcible felony conviction: 2 to 5 years; 5 to 10 years for an extended term
• Class 4 forcible felony conviction: 1 to 3 years; 3 to 6 years for an extended term

Due to the inherently violent nature of a forcible felony, they often meet the aggravating factors threshold for an extended prison term. In other words, forcible felony convictions in Chicago tend to result in longer prison sentences.

Additional Consequences of a Forcible Felony Conviction in Chicago

Aside from prison sentences, there are several additional consequences of a forcible felony conviction in Chicago, Illinois. These offenses are some of the most violent in the Illinois Compiled Statutes, so they come with some of the most punitive consequences.

The First Degree Murder Enhancement

First degree murder is perhaps the most serious crime for which someone can be convicted under Illinois law. The state of Illinois defines first degree murder as killing an individual without lawful justification when:

• Intending to do great bodily harm to the individual or another, or
• Knowing that their action will create a strong probability of death or great bodily harm, or
• Causing the death of another while committing a separate forcible felony (other than second degree murder)

In certain scenarios, causing someone’s death while committing a forcible felony can result in a first degree murder charge. If convicted, the defendant will serve a minimum 20-year sentence, with a strong possibility of life in prison.

Prior Convictions and Sentencing Enhancements

In some instances, a prior forcible felony conviction can cause someone to be charged with a certain offense or for their sentence to be enhanced. For instance, having a prior forcible felony conviction is a prerequisite for an unlawful possession of a firearm by a repeat offender charge, a Class X felony that can result in 60 years in prison.

In the case of unlawful possession of a weapon by a felon, a past forcible felony conviction elevates the offense from a Class 3 to a Class 2 felony. Instead of a minimum sentence of 2 years in prison, this enhanced charge could result in up to 14 years behind bars.

Truth-in-Sentencing (TIS) Mandatory Minimums

In many instances, a forcible felony conviction can trigger Illinois’s Truth-in-Sentencing requirements in Chicago. This mandatory minimum sentencing statute requires offenders to serve at least 85% of their prison sentence before they’re eligible for release or parole.

Ineligibility for Probation

In some instances, a forcible felony conviction comes without the possibility of probation. For instance, under 730 ILCS 5/5-5-3, no probation is allowed for those convicted of a forcible felony if the offense was related to gang activity.

Ineligibility for Pretrial Release

Under Illinois’s SAFE-T Act, some individuals awaiting trial for certain forcible felony offenses must remain in prison until their trial begins. If the state can prove that an individual charged with a forcible felony is a “real and present threat” to another person or the community, the court can deny that person’s pretrial release.

Denial of a Firearm Owners Identification (FOID) Card

The state of Illinois requires individuals to have a Firearm Owners Identification (FOID) card to own a firearm. Those convicted of a forcible felony can be denied a FOID card, thereby forfeiting their right to own a firearm in Chicago or Cook County.

Criminal Defense Strategies Against Forcible Felonies in Illinois

There’s no denying that, in Chicago, Illinois, a forcible felony is a very serious charge. Even still, an experienced criminal defense attorney can develop a good defense against forcible felony charges. Here are some of the most common criminal defense strategies we at Combs Waterkotte use to fight against forcible felony convictions.

Alibi

An alibi defense demonstrates that the defendant was elsewhere at the time the forcible felony occurred, making their participation in the offense impossible. For example, in a robbery or burglary case, surveillance footage, phone data, or witness testimony can confirm that the defendant was miles away. If credible, a defense attorney can completely undermine the prosecution’s timeline and create reasonable doubt with an alibi defense.

Self-Defense

Self-defense justifies the use of reasonable force to prevent imminent harm. In cases like aggravated battery or even second degree murder, a defendant may argue that they acted to protect themselves from an attacker. If the force used was proportional and the threat was immediate, Illinois law may excuse the conduct entirely (or at least reduce the severity of the charge).

Defense of Others

This defense applies when a defendant uses force to protect another person from harm. For instance, in an aggravated battery or even a homicide case, intervening to stop an assault may be justified. The key issue is whether the defendant reasonably believed force was necessary. IF so, criminal liability for a forcible felony may be avoided.

Lack of Intent

Many forcible felonies in Chicago require proof of intent or knowledge. A lack of intent defense argues that the defendant did not have the required mental state. For example, in an arson case, the defense may show that any harm was accidental. Without proof of intent or awareness of risk, the prosecution may fail to meet its burden of proof.

Consent

Consent can be a defense in certain cases, particularly criminal sexual assault allegations. If the defendant reasonably believed the other party consented to the conduct, this may negate an essential element of the offense.

Coercion or Duress

Coercion or duress argues that the defendant committed the offense under the threat of immediate harm with no reasonable alternative. For example, in a robbery or kidnapping case, a defendant may claim they were forced to participate under the threat of violence. If proven, this defense can excuse criminal liability.

Fourth Amendment Violations

This defense challenges evidence obtained through unlawful searches and seizures. In cases like burglary or robbery, if police violated constitutional rights like conducting a search without a warrant or probable cause, key evidence may be suppressed due to Fourth Amendment violations.