Under section 2-8, a forcible felony is defined as follows: Forcible felony. See 20 ILCS 2630/5. Examining 3 Types of Bank-Related Fraud Under Illinois Law. See 625 ILCS 5/11-204: Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, willfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer. (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. (5) involves the concealing or altering of the vehicles registration plate or digital registration plate. (a) In general. The malice which plays a part in the commission of the felony is transferred by the law to the homicide. The pertinent portions of defendant's statement read as follows: On Saturday, September 20th, 1997, I got a Chevy Caprice from Lil Moe. They are able to formulate a strategic defense to increase the likelihood of you defeating the charge. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. The primary goal in construing a statute is to ascertain and give effect to legislative intent. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. out in this paragraph may be used for only one vehicle. Naperville, IL 60563. Brogdon gave the suspect's physical description and direction of travel over the radio as the man was passing across the street. For instance, did the officer have a radar device on your vehicle to determine if you were in fact speeding in excess of 21 miles per hour, or were they relying on a less accurate metric to determine your speed? Officer Brogdon's vehicle, driving toward the scene, ultimately hit Officer Laura. 11-204.1. These questions could mean the difference between a charge of Fleeing and Aggravated Fleeing. The defendant drove his car through a red light at a busy intersection, striking a car with two occupants, both of whom died. this Article if the vessel or watercraft, vehicle, or aircraft is used with the knowledge People v. O'Neal, 104 Ill.2d 399, 408, 84 Ill.Dec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. arson), Section 20-2 (possession of explosives or explosive or incendiary devices), At DDT Law Group, we aggressively defend our clients from a range of driving-related charges. Consequently, felons are responsible for those deaths which occur during a felony and which are foreseeable consequences of their initial criminal acts. Detective James Knapp testified that after receiving information regarding the accident, he began canvassing the area for defendant. ), Obscuring or concealing your license plate. When I saw the Markham Police car I knew I had to get out of there. For example, if the evidence showed that defendant deliberately rammed his car into that of the victims or any individual who was in the direct path of the vehicle, there would be no question that the predicate felony, i.e. The Illinois Supreme Court held that the test to be applied in determining whether the felony murder doctrine is applicable is not whether the felony is normally classified as nonviolent, but whether, under the facts of a particular case, it is contemplated that violence might be necessary to enable the perpetrators to carry out their purpose. If you do any of the above, youll face an aggravated charge, which is a Class 4 felony punishable by up to three years in jail and fines up to $25,000. These factors, known as aggravating circumstances, include: Aggravated fleeing and eluding is a Class 4 felony, punishable by between 1 to 3 years in prison and a fine of up to $25,000. For further guidance regarding the definition of last known address, see 301.62122 of this chapter. Starting in 2021 with the SAFE-T Act, the State of Illinois will no longer suspend drivers licenses for non-moving violations. Fleeing and eluding may be charged as either a misdemeanor or a felony in Illinois, depending on the facts of the case. Is a Cell Phone Ticket Considered a Moving Violation in February 5, 2023 By Attorney Tristan Hinriksson. If this is a second or higher offense, the penalties increase. In order for a defendant to be convicted of felony murder, the decedent's death must have been the direct and proximate result of the defendant's felony. Both of these incidents involved defendant crashing the car he was driving and fleeing the police on foot. The sergeant mistakenly believed that the detective was one of the fleeing suspects. (c)In addition, when a person discharges a firearm at another individual from a vehicle 552, 692 N.E.2d 325. In People v. Lowery, 178 Ill.2d 462, 467, 227 Ill.Dec. As the State correctly points out, felonies inherently less violent than aggravated PSMV have been held as predicate offenses for felony murder when they were carried out with violence. 19-3 (residential burglary), Section 20-1 (arson; residential arson; place of worship Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. The offense of fleeing or attempting to elude a peace officer is a Class A misdemeanor in Illinois. intoxicating compound or compounds, or combination thereof under Section 5-16 of the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or Penalties can also be increased based on certain factors. 698, 503 N.E.2d 255 (1986), citing People v. Golson, 32 Ill.2d 398, 207 N.E.2d 68 (1965). A second or subsequent conviction or compounds or any combination thereof) or a similar provision of a local ordinance, 311, 713 N.E.2d 1161 (1998). A conviction for felony Fleeing and Eluding also carries a mandatory license revocation of your drivers license. Additionally, I had two ounces of marijuana on me. www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-204, (625 ILCS 5/11-204) (from Ch. 984, 695 N.E.2d 474. Web28.8(c) Aggravated Fleeing or Eluding (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) 316.1935(4)(b) and 316.061, Fla. Stat. I turned right on 163rd and drove past the police car. Any person convicted of a second or subsequent violation of this Section shall be guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of State shall forthwith revoke the drivers license of the person convicted, as provided in Section 6-205 of the Code. Under Illinois law, defendant could not be convicted of the predicate felony. If you have been charged with fleeing and eluding in Illinois or another traffic offense, we can help. Perkins testified that he got behind the pickup and activated his car's emergency equipment. WebThe felony of aggravated fleeing or eluding and the felony of aggravated fleeing or eluding with serious bodily injury or death constitute separate offenses for which a person may be charged, in addition to the offenses under ss. Knapp testified that the defendant showed him where the Caprice stopped and he got out of the car and began to run between the houses. cause for the title to be transferred to the spouse or family member. with the knowledge and consent of the owner of the vehicle and with the intent to 2023 Fenbert & Associates All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters. ***In the case at bar,***the evidence does not support an inference that defendant contemplated violence or acted intentionally when his vehicle struck that of the victims. (b) Upon receiving notice of such conviction the Secretary of State shall suspend the drivers license of the person so convicted for a period of not more than 6 months for a first conviction and not more than 12 months for a second conviction. A jury convicted the defendant of murder based upon Section 9-1(a)(2) defendant knew his acts created a strong probability of death or great bodily harm to that individual or another. 720 ILCS 5/9-1(a)(2). Evidence was introduced at trial that on August 26, 1997, and on December 26, 1996, defendant fled when the police attempted to pull him over. of a firearm), Section 24-1.5 (reckless discharge of a firearm), Section 28-1 (gambling), guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of Is Fleeing and Eluding a Felony in Illinois? Under Illinois law, fleeing and eluding a police officer is a serious criminal offense. 506, 643 N.E.2d 797 (1994), our supreme court held [u]nder the felony murder rule a person may be convicted of felony murder even though he had no intent to and even if he did not personally kill the victim. The requisite intent for the offense of felony murder is the defendant's intent to commit the underlying felony. Generally, the State only needs to show the vehicle was used in the offense to win a forfeiture case. FightDUICharges Law offices is a top rated affordable DUI attorney organiza, Chicago and surrounding suburbs Personal Injury and Wrongful Death Attorney, Staver Accident Injury Lawyers is a personal injury and car accident law fi. The matter proceeded to a jury trial on June 5, 2019. Presumably, this requirement takes into consideration the fact that sometimes, the motorist may not see or hear the police officer. There are certain circumstances that must be present for the defendant to be found guilty. Dont be trapped by dogma which is living with the results of other peoples thinking. If you are charged with fleeing and eluding police, you will need a lawyer to help you protect your freedom and your license. Brogdon began to slow his car down, in preparation to bail out of the car and proceed on a foot chase, when an impact happened. Stay up-to-date with how the law affects your life. Murphy identified the driver of that car in court as defendant. 331 (2001). 99-248; s. 1, ch. In the typical case of felony murder, there is no malice in fact with respect to the homicide, the malice is supplied by the law. There is an intended felony and an unintended homicide. They further held that the robbery victim's actions were not an intervening cause or were merely coincidental where the victim's resistance was a direct response to the defendant's criminal acts and that resistance did not break the causal chain. In People v. Lowery, 178 Ill.2d at 468, 227 Ill.Dec. Copyright 2023, Thomson Reuters. The Illinois Vehicle Code defines aggravated fleeing or attempting to elude a peace office as when any driver of a vehicle flees or attempts to elude an officer after that officer has given a signal (visual or audible) for the operator to pull the vehicle over. People v. Jeffrey, 94 Ill.App.3d 455, 460, 49 Ill.Dec. combination thereof and has been previously convicted of reckless homicide or a similar I could hear the police officer chasing me. Vogenthaler testified that the subject fled into a garage and was found and arrested. Defendant made corrections to the statement and initialed and signed every page. A conviction for Aggravated Fleeing and Eluding results in a revoked drivers license. In this case defendant was sentenced to 40 years' imprisonment, clearly within the statutorily permitted range. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In addition, the record demonstrates that the trial court appropriately considered both the factors in aggravation and the factors in mitigation in its determination of defendant's sentence. During the review, you will receive Attorney Youngs thoughts about your case and a price. Therefore, my client is not guilty. law of another state relating to reckless homicide in which the person was determined aggravated fleeing or attempting to elude, Important changes to Illinois retail theft laws. The felony murder doctrine was recently discussed in great detail in J. Hilliard, Felony Murder in Illinois, The (Agency Theory) v. The Proximate Cause Theory: The Debate Continues, 25 S.Ill.U.L.J. 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Winds are Southwest at 6.9 MPH (6 KT). What Qualifies as Forgery Under the Illinois Criminal Code? Serving Cook County, DuPage County, Kane County, Will County and other surrounding Counties. 71-135; s. 1, ch. When defendant exited the car and began fleeing on foot, his actions caused Officer Laura to begin a foot chase. For both fleeing and eluding and aggravated fleeing and eluding, the State must prove certain elements of the crime. Sec. Finally, the State presented the testimony of three police officers to testify to two prior incidents where the defendant was involved in high-speed police chases. The fact that Officer Laura's death is directly attributable to Officer Brogdon's act does not alleviate defendant of culpability. How Long Does Reckless Driving Remain on Your Illinois Driving January 9, 2023 By Attorney Tristan Hinriksson. WebFleeing or attempting to elude a peace officer. fleeing or attempting to elude, Web(a) The offense of aggravated fleeing or attempting to elude a peace officer is committed by any driver or operator of a motor vehicle who flees or attempts to elude a peace officer, after being given a visual or audible signal by a peace officer in the 984, 695 N.E.2d 474, the decedent in the case was a cofelon, who was shot and killed by the victim of a robbery attempt. ]. Pugh, 261 Ill.App.3d at 77-78, 199 Ill.Dec. (iv)reckless homicide as defined in Section 9-3 of this Code; (B)has been previously convicted of reckless homicide or a similar provision of a I did not want to get caught with it. Evidence was presented that defendant's conduct of fleeing from a police officer in a stolen vehicle set in motion a chain of events in which a police officer was ultimately killed. The testimony of Sanders indicated that he heard tires squealing and saw the car defendant was driving traveling at a high rate of speed. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of 926, 609 N.E.2d 294 (1993) (predicate felony of home invasion was a lesser included offense of felony murder requiring defendant's conviction and sentence for home invasion to be vacated); also see People v. Flores, 128 Ill.2d 66, 96, 131 Ill.Dec. Contact us. See more info at. in Section 6-205 of the Code. 2017 WinWithYoung.com | Illinois DUI and Criminal Law Attorney. (5)involves the concealing or altering of the vehicle's registration plate. People v. Shaw, 186 Ill.2d 301, 322, 239 Ill.Dec. Is stealing a bicycle out of a garage more serious than that? 939, 628 N.E.2d 436 (1993), this court held that [i]t is not necessary to directly prove that defendant had the intent to murder; all that needs to be shown is that defendant voluntarily and willfully committed an act, the natural tendency of which was to cause death or great bodily harm. In People v. Palmer, 162 Ill.2d 465, 487, 205 Ill.Dec. The car then pulled back into the parking lot and struck a pole. Defendant's motion for a new trial was denied. In its findings, the trial court noted: Is aggravated PSMV an inherently dangerous felony? In this way, a skilled attorney can put together both factual and legal defenses to the serious charge of fleeing and eluding in Illinois. Web(c) The conditions of probation shall be that the defendant: (1) not violate any criminal statute of this State or any other jurisdiction; (2) refrain from possessing a firearm or In a bench trial, it is presumed that the trial judge knows the law and considers only competent and admissible evidence. And the State can cause the forfeiture of a vehicle for fleeing and eluding, even if it belongs to someone other than the defendant. 720 ILCS 5/2-8 (West 1996). Call or text us at 312-940-8330, or fill out our online contact form to speak to a traffic lawyer in Chicago. prostitution), Section 11-20.1 (child pornography), paragraph (a)(1), (a)(2), (a)(4), Vogenthaler testified that at Halsted and 99th Street, he observed a black male exit a red pickup truck at a gas station and run eastbound across Halsted. Murphy stated that this was a residential street and the conditions that evening were snowy and icy. Perkins stated that the driver then exited the vehicle and began to flee eastbound down 98th Street on foot. The court noted that [h]ere, the intended victim shot and killed the defendant's cofelon. The officer was on foot. Aggravated fleeing or eluding is a class 4 felony offense in Illinois. The court would submit not, and that is a forcible felony, stealing a bicycle out of a garage.. Section 625 ILCS 5/11-503 - Reckless driving; aggravated reckless driving (a) A person commits reckless driving if he or she: (1) drives any vehicle with a willful or wanton disregard for the safety of persons or property; or this section will not extend the time for payment of any tax due on such return. When a sentence is imposed within statutory limits, it will not be disturbed absent an abuse of discretion (People v. Gutirrez, 205 Ill.App.3d 231, 151 Ill.Dec. Starting July 1, 2021, there will be new Illinois rules for drivers license suspension and automatic reinstatement of driving privileges for certain offenders. WebLegal publisher offering ordinance codification services for local governments, specializing in providing codes of ordinances in print and on the Internet We serve the following Illinois cities and counties: Dupage County, Bolingbrook, Aurora, Wheaton, Woodridge, Downers Grove, Glendale Heights, Naperville, Oak Brook, Plainfield, Westmont, Cook County, Bridgeview, Chicago, Skokie, Kane County, and Batavia. , 487, 205 Ill.Dec 's death is directly attributable to officer Brogdon 's vehicle, driving toward the,! Contact form to speak to a jury trial on June 5, 2019 discharges a firearm another! In Chicago rate of speed January 9, 2023 by Attorney Tristan Hinriksson 312-940-8330... In Chicago February 5, 2023 by Attorney Tristan Hinriksson squealing and saw the car was... 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