One of the most serious aspects of a felony charge is the possibility of a prison sentence. In some cases, a person may qualify for probation, conditional discharge, or periodic imprisonment to avoid prison.

However, some offenses carry mandatory sentences for which probation, conditional discharge, or periodic imprisonment cannot be imposed. Under Section 5/5-5-3 of the Criminal Code, courts must sentence offenders to no less than the minimum prison term for those offenses.

Violent Crimes

• First degree murder (where the death penalty is not imposed)
• Attempted first degree murder
• Any forcible felony tied to organized gang activity
• Vehicular hijacking
• Aggravated battery of a senior citizen

Sexual Offenses and Crimes Against Children

• Criminal sexual assault
• Certain child pornography offenses
• Aggravated child pornography

Property and Firearm Offenses

• Residential burglary
• Arson involving a residence or place of worship
• Unlawful sale of firearms
• Unlawful purchase of a firearm
• Class 3 felony violations of certain Firearm Owners Identification Act provisions

Drug and Controlled Substance Offenses

• Any Class X felony
• Delivery or trafficking of over 5 grams of cocaine, heroin, or fentanyl within 1,000 feet of schools, parks, truck stops, or rest areas
• Trafficking 2,500 grams or more of marijuana or criminal cannabis conspiracy
• A second or subsequent violation of the Methamphetamine Control and Community Protection Act

Repeat and Special Circumstance Offenses

• Any Class 2 or greater felony if the offender had a prior Class 2 felony (or equivalent) within 10 years
• A second or subsequent hate crime conviction (when based on felony aggravated assault or felony mob action)
• A second or subsequent institutional vandalism conviction (if property damage exceeds $300)
• A second or subsequent offense of driving while license suspended or revoked (if the revocation was for reckless homicide or similar laws)
• Using or threatening bodily harm to force or prevent membership in an organization

Defense and Charge Reduction

Being charged with one of these offenses does not automatically mean prison. A charge is only an accusation until proven beyond a reasonable doubt. At Harter & Schottland, we focus on criminal defense, including these serious cases.

Even if charged with a felony requiring prison, we may negotiate to reduce the charge to a probationable offense. Our attorneys know the law, know how to successfully try cases, and dedicate the time necessary to build a strong defense.

If you or someone you know is charged with a criminal offense in Lake, McHenry, or Northern Cook County, call Harter & Schottland for experienced defense.

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