Attempted Murder-Class X Felony (6-30 Years IDOC); Leaving the Scene of an Accident—Class 2 Felony (3-7 Years IDOC); Aggravated Battery-Class 3 Felony (2-5 Years IDOC); Result: Attempted Murder-NOT GUILTY AT TRIAL, Leaving the Scene of an Accident-NOT GUILTY AT TRIAL, Aggravated Battery-3 YEARS PROBATION-NO PRISON SENTENCE

While driving home from work, our female client got into a roadway confrontation with multiple members of a motorcycle gang during an annual motorcycle ride tribute to honor the fallen members of their gang. Our client was accused of attempting to run over two of those members with her car on the expressway.  She was further accused of hitting the bikers with her car which resulted in both members falling off their motorcycle as well as leaving the scene of an accident resulting in bodily injuries to the bikers.  Our client was then subsequently arrested and charged with Attempted Murder, Aggravated Battery and Leaving the Scene of an Accident.

  • Attempted Murder is a Class X Felony Punishable from 6-30 years in the penitentiary.
    • This offense is not probationable and an offender must serve 85% of their sentence before being eligible for Mandatory Supervised Release (Formerly known as parole).
  • Leaving the Scene of an Accident Resulting in Bodily Injury is a Class 2 Felony punishable from 3-7 years in the penitentiary
    • This offense is probationable and an offender must serve 50% of their sentence before being eligible for Mandatory Supervised Release (Formerly known as parole).
  • Aggravated Battery is a Class 3 Felony punishable from 2-5 years in the penitentiary.
    • This offense is probationable and an offender must serve 50% of their sentence before being eligible for Mandatory Supervised Release (Formerly known as parole).

Realizing the seriousness of the charges and the complexity of the case, client hired Wigell Criminal Defense to represent her. After conducting a detailed analysis of the discovery and the charges, and consulting with the client on numerous occasions at Cook County jail, the attorneys and staff at Wigell Criminal Defense determined that the case was postured to be taken to trial.

The attorneys and staff spent countless hours meticulously preparing for trial. This meticulous preparation also included multiple sessions of preparing the client to testify in her defense.  After a detailed analysis of the facts and law of the case and multiple consultations with the client, it was determined that the case should proceed to a bench trial.  A bench trial is a trial that is conducted before the Judge presiding over the case.  The Judge listens to the evidence and arguments and then decides whether the defendant is guilty or not guilty.

During trial, effective cross examination revealed multiple weaknesses in the State’s witnesses accounts of what occurred. The cross examination revealed inconsistencies in the witnesses’ testimony from previous statements to police.  Further cross examination produced inferences and facts that cast doubt on the client’s guilt of the charges.

The client also testified in her own defense as to what occurred that day. She testified to the events that she was driving home from work and accidently came upon the Motorcycle Gang’s Annual Motorcycle Tribute run.  She testified that the Motorcycle gang became angry and attacked her as she was driving.

After listening to the arguments and evidence, the Judge found our client NOT GUILTY of Attempted Murder and NOT GUILTY of Leaving the Scene of an Accident. His reasoning was the evidence presented by the State did not show that the client had the requisite specific intent to commit the attempted murder upon the bikers.  The Judge’s reasoning also indicated that the evidence revealed that the client did not leave the scene of the accident because the accident was ongoing and the client went to the police station afterwards.  However, the Judge found the client guilty of the aggravated battery charges as he believed the client was not acting in self-defense.

The case later proceeded to a sentencing hearing to determine the client’s punishment. The prosecution put on three members of the motorcycle gang who read victim impact statements to the court as to how their lives were adversely impacted by the incident.  The prosecution also stressed upon the serious nature of the offense and the sentencing parameters of the charge.

The attorneys at Wigell Criminal Defense in response presented various mitigating factors of the client’s background including her lack of criminal history, her educational successes, her stable employment history and fulfilling family life. The attorneys at Wigell Criminal Defense also articulated other facts related to sentencing and the circumstances surrounding the case that called for a reasonable sentence.  After listening to all the factors in sentencing, the Judge sentenced the client to 3 years’ probation on the aggravated battery counts.  She did not go to prison.

The client was beyond grateful for all of the hard work and dedication of the attorneys at Wigell Criminal Defense which lead to this extraordinary result. The client was saved from the potential lengthy prison sentence that the attempted murder charge carried.  The client was subsequently released and reunited with her family after spending over 2 years in Cook County Jail.

Ratings and Reviews

The National Trial Lawyers
10.0Raymond George Wigell
Raymond George WigellReviewsout of 38 reviews