Sentencing, Plea Bargains Class 4 felony charge in illinois

[Matt99]

Jurisdiction

Illinois

I Have been charged with Aggravated Assault because of an argument that I got into with a neighbor who is a minority and I used a racial slur. The charge is a class 4 felony in Illinois. They also referred to it as a hate crime. Can a felony be plead down to a misdemeanor? I have little or no previous criminal record. What is the likelihood that I may get jail time? My arraignment is in Nov. 2, 2023

 

[army judge]

The charge is a class 4 felony in Illinois. They also referred to it as a hate crime. Can a felony be plead down to a misdemeanor?

Anything is possible, however, if Louise's charge was negotiated to a lesser and/or included crime, don't expect your result to be the same.

That said, it remains a possibility.

I suggest you use your RIGHT to remain silent, avoid posting any details regarding this matter on the internet.

You should also discuss this incident ONLY with the public defender appointed to help you or the attorney you hire to represent you.

Bottom line, lawyer up AFTER you shut up!!!!

Here's the law:

(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship.
(b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following:
(1) A person with a physical disability or a person

60 years of age or older and the assault is without legal justification.
(2) A teacher or school employee upon school grounds

or grounds adjacent to a school or in any part of a building used for school purposes.
(3) A park district employee upon park grounds or

grounds adjacent to a park or in any part of a building used for park purposes.
(4) A community policing volunteer, private security

officer, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or

her official duties; or
(iii) assaulted in retaliation for performing his

or her official duties.
(4.1) A peace officer, fireman, emergency management

worker, or emergency medical services personnel:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or

her official duties; or
(iii) assaulted in retaliation for performing his

or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or

her official duties; or
(iii) assaulted in retaliation for performing

his or her official duties.
(6) A correctional institution employee, a county

juvenile detention center employee who provides direct and continuous supervision of residents of a juvenile detention center, including a county juvenile detention center employee who supervises recreational activity for residents of a juvenile detention center, or a Department of Human Services employee, Department of Human Services officer, or employee of a subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or

her official duties; or
(iii) assaulted in retaliation for performing his

or her official duties.
(7) An employee of the State of Illinois, a municipal

corporation therein, or a political subdivision thereof, performing his or her official duties.
(8) A transit employee performing his or her official

duties, or a transit passenger.
(9) A sports official or coach actively participating

in any level of athletic competition within a sports venue, on an indoor playing field or outdoor playing field, or within the immediate vicinity of such a facility or field.
(10) A person authorized to serve process under

Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court, while that individual is in the performance of his or her duties as a process server.
(c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, an air rifle as defined in

Section 24.8-0.1 of this Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor

vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her

identity.
(5) Knowingly and without lawful justification shines

or flashes a laser gun sight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.
(6) Uses a firearm, other than by discharging the

firearm, against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical services personnel, employee of a police department, employee of a sheriff's department, or traffic control municipal employee:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or

her official duties; or
(iii) assaulted in retaliation for performing his

or her official duties.
(7) Without justification operates a motor vehicle in

a manner which places a person, other than a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in

a manner which places a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
(9) Knowingly video or audio records the offense

with the intent to disseminate the recording.
(d) Sentence. Aggravated assault as defined in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that aggravated assault as defined in subdivision (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category II, or Category III weapon is used in the commission of the assault. Aggravated assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated assault as defined in subdivision (c)(3) or (c)(8) is a Class 3 felony.

720 ILCS 5/12-2

 

[flyingron]

You need a lawyer. If you can not afford one, ask for one at the arraignment. Do not discuss your case with anybody but your attorney.

Your attorney will know what the best way to proceed, whether to fight the charges outright or to work on a reduction or other agreement.

 

[zddoodah]

The charge is a class 4 felony in Illinois. They also referred to it as a hate crime.

Who are "they," and what is the specific crime charged? It should look something like this: 720 ILCS 5/12-2.

Can a felony be plead down to a misdemeanor?

In the abstract world of all that is hypothetical, yes, this is possible.

What is the likelihood that I may get jail time?

The only way someone can intelligently opine about this is if that person is a criminal defense attorney admitted to practice in Illinois and has a thorough understanding of the evidence.

A felony carries at least the possibility of time in state prison, not merely jail. You need the services of a criminal defense attorney.

 

[Matt99]

What is the likelihood of receiving jail time for aggravated assault (class 4 felony) in Illinois if I have little or no prior criminal record?

 

[Zigner]

Somebody works fast around here!

 

[army judge]

What is the likelihood of receiving jail time for aggravated assault (class 4 felony) in Illinois if I have little or no prior criminal record?

If you've been arraigned (announced in a previous post), you might have been appointed a public defender, or retained your own attorney.

Do yourself a big favor, don't discuss any aspect of the case and/or charges with ANYONE except your ATTORNEY OF RECORD.

Blabbing anywhere can come back to harm you.

Be smart, use your RIGHT to shut your pie hole, and NOT be forced to incriminate yourself.

 

[Zigner]

If you've been arraigned (announced in a previous post), you might have been appointed a public defender, or retained your own attorney.

Do yourself a big favor, don't discuss any aspect of the case and/or charges with ANYONE except your ATTORNEY OF RECORD.

Blabbing anywhere can come back to harm you.

Be smart, use your RIGHT to shut your pie hole, and NOT be forced to incriminate yourself.

The OP didn't heed this advice in October...maybe he will now.

 

[zddoodah]

What is the likelihood of receiving jail time for aggravated assault (class 4 felony) in Illinois if I have little or no prior criminal record?

This question was answered when you first asked it back in October. I also note that you said that you would have an arraignment on November 2, but you didn't tell us what happened.

Bottom line: speak with your defense attorney (and no one else) about this.

 

[leslie82]

I Have been charged with Aggravated Assault because of an argument that I got into with a neighbor who is a minority and I used a racial slur. The charge is a class 4 felony in Illinois. They also referred to it as a hate crime. Can a felony be plead down to a misdemeanor? I have little or no previous criminal record. What is the likelihood that I may get jail time? My arraignment is in Nov. 2, 2023

No one can predict anything about what could or couldn't happen with your case. Anything is possible - but no one can predict the future. "Could" you get offered a plea deal to a lesser charge? Sure. Will you? *Shrug*. The fact they've added a hate crime onto it, I doubt it. But stranger things happen in this country eveyr single day. I mean you fully admit you used a racial slur which can bolster the claim you assaulting the other person was racially motivated.

You should probably hire a lawyer or request a public defender if you can't afford one.