Our client and his co-defendant were charged with multiple felony offenses. Our client was accused of striking the complaining witness and threatening her with a gun which he allegedly he displayed. He was also accused of taking the complaining witness’s car keys and holding her against her will at his residence for two days.
The charges were extremely serious in nature and contained multiple allegations of violence. The charging and sentencing potential structure as follows:
- Aggravated Kidnapping is a Class X felony.
o A Class X felony is punishable from 6-30 years in the penitentiary.
o It is NOT probationable.
- Aggravated Domestic Battery is a Class 2 Felony
o A Class 2 Felony punishable from 3 to 7 years in the penitentiary.
o There also is a mandatory minimum sentence of 60 days in jail or prison.
- Felon in Possession of a Firearm is a Class 3 felony punishable from 2-10 years in the penitentiary.
o A class 3 felony is typically 2-5 years in the penitentiary. This offense is subject to an extended 2-10 years IDOC sentencing parameter due the nature of the charge resulting from an individual being previously convicted of a prior felony offense.
- The client had a previous felony conviction in his background.
o This offense is also non-probationable.
- Aggravated Battery is a Class 3 Felony
o A class 3 felony is punishable by 2-5 years in the penitentiary.
- Unlawful Restraint is a Class 4 Felony
o A class 4 felony is punishable by 1-3 Years in the penitentiary.
Facing significant penitentiary time and being charged with multiple felony offenses, the client hired Wigell Criminal Defense to represent him. During the course of the case, the attorneys at Wigell Criminal Defense discovered multiple flaws and weaknesses in the State’s case. A thorough review of the discovery revealed that there was insufficient evidence to support the most serious charge, Aggravated Kidnapping. After bringing this to the attention of the prosecutor, the most serious charge, Aggravated Kidnapping, was dismissed.
Furthermore, it was further revealed that the complaining witness gave multiple conflicting statements as to her account of what allegedly occurred. This fact weakened her credibility as a witness. In an attempt to strengthen their crumbling case, the prosecution made a deal with the co-defendant to testify against our client in exchange for a lenient sentence. This aspect also presented its own weaknesses in the Prosecution’s case.
Recognizing the multiple weaknesses in their case and the risk of losing at trial, the prosecutor made an offer to the client that was extraordinary under the circumstances. The Prosecutor offered the client 30 months probation with the requirement to perform 100 hours of community service. Despite the multiple weaknesses in the State’s case, the client still faced the possible risk of losing at trial and being sentenced to significant time in the penitentiary due to his prior felony conviction and the nature of the offenses.
After consulting with the attorneys at WCD at great length and weighing his options, the client accepted the State’s offer. The client was grateful for Wigell Criminal Defenses’ diligent and zealous representation which lead to this extraordinary result under the circumstances.