Our 19 year old client was charged with Home Invasion in Champaign County. Client and two co-defendants were accused of breaking into the alleged victim’s home and committing a battery upon him resulting in injuries. Client and his parents were fearful of the mandatory minimum prison sentence the client was facing with the Home Invasion charge. Home Invasion is a Class X Felony in Illinois. The sentence range for a Class X Felony is 6-30 years in IDOC. A conviction of Home Invasion requires the Judge to sentence the accused to a mandatory minimum of 6 years in prison. It is not probational.
Several weaknesses and flaws in the State’s case were revealed during the preliminary hearing and after an extensive review of the discovery. The Assistant State’s Attorney assigned to the case acquiesced in the weaknesses and flaws and also acknowledged our client’s lack of criminal background. As a result of these factors being brought to the Assistant States Attorney’s attention, a very favorable result was obtained. The State dismissed the Class X Home Invasion charge and filed a Class A Misdemeanor Battery Charge in its place. A Class A Misdemeanor is an offense that is punishable by 364 days in jail, up to a $2500 fine and up to 24 months of probation.
As a result of Wigell Criminal Defense Holistic Strategies, our client received 12 months of probation with a requirement to perform 50 hours of community service.
The client was very satisfied with the result and was overjoyed that prison time and a felony conviction were completely avoided. The client and his parents were grateful for the hard work and dedication that Wigell Criminal Defense put forward in the case. The next step will be to file a petition to seal the client’s misdemeanor after the requisite waiting period has passed.