Archives for Felony Offenses

Weapon Charges

There are a number of different types of weapons charges. They range from carrying a weapon illegally to brandishing or discharging a firearm. The penalties range from misdemeanor to significant felonies. There are a number of issues that can arise in these cases including search issues, the definition of what constitutes a firearm and what use the firearm was being used for such as self-defense.
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Unlawful Wounding

Unlawful wounding is a class 6 felony and punishable with a minimum prison sentence of 1 year and not more than 5 years or at the discretion of the Judge or jury up to 12 months in jail and a fine of up to $2500. Unlawful wounding is a lesser included offense of Malicious Wounding and carries all of the elements of proof of Malicious Wounding with the exception of malicious intent.
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Robbery: A Class Three Felony

This is a class three felony and if convicted carries a sentence of not less than 5 years imprisonment and up to life and a fine of up to $100,000. There are many significant issues that may arise in these cases including eyewitness and video or security camera identification, confessions, issues with physical evidence and chain of custody, accomplice cooperation and many others. Because robbery is classified as a crime of violence, the prosecution pursues a conviction with great zeal.
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Rape and Sexual Assaults

Rape is an unclassified felon that is punishable by not less than 5 years up to life in prison and a fine of up to $100,000. The minimum penalty can be increased under certain circumstances depending on the circumstances of the victim. Other sexual assaults have various penalty ranges depending on the exact charge. These charges are among the most difficult to prosecute and to defend. Most cases involve medical evidence that requires the use of experts and an attorney who can interpret the medical findings and collaborate with a medical expert. Direct and cross examination of both expert and fact witnesses in these cases is crucial. There are usually no eye witnesses to this type of crime and credibility becomes an important factor.
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Murder / Manslaughter

The penalty range for these offenses varies depending on the degree and type of charge. First degree murder carries a much greater penalty than involuntary manslaughter for example. All of these charges are obviously serious and carry the potential for significant incarceration and in some cases the death penalty. In fact, there are very few exceptions to incarceration if convicted in these cases.
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Malicious Wounding

There are two forms of this charge. Aggravated Malicious Wounding is a class two felony which carries a minimum of 20 years in prison up to a maximum of life and a fine of up to $100,000. Aggravated Malicious Wounding is the act of injuring another with the intent to maim, disfigure, disable or kill. It differs from Malicious Wounding in that the injury sustained by the victim must be serious and causes permanent physical impairment. Otherwise the crime requires the same proof as Malicious Wounding.
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Kidnapping and Abduction

Abduction and kidnapping are different terms for the same offense, they are not separate crimes. There are three basic categories of abduction. The first is simple abduction which is the act of depriving a person of their personal freedom by moving them or preventing them from moving. This can be accomplished by force, threat of force, intimidation or other threats. This offense is a class five felony and carries a minimum of 1 year up to 10 years of prison time or up to 12 months in jail and a fine of up to $2,500, either or both.
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ID Theft and Fraud

There are a number of individual offenses included in this category and can range from a class one misdemeanor to an unclassified felony with penalties up to 20 years imprisonment. Essentially, the use of false identifying information to obtain any goods or services or knowingly allowing another to use false identifying information for that purpose, or using the identifying information of another to avoid prosecution of a crime constitutes an offense under this category. There are additional acts which fall in this category as well.
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Grand Theft / Larceny

Grand theft / larceny is the taking of anything valued at greater than $200 with the intent to permanently deprive the owner of its use. Grand theft is an unclassified felony that carries not less than 1 and up to 20 years in prison. Probation may given for this offense at the discretion of the Judge.
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Gang Participation and Related Charges

This offense is classified as a class 6 felony carrying not less than 1 year and up to 5 years imprisonment or incarceration in jail for up to 12 month and a fine of up to $2,500, either or both. This penalty can be enhanced even further under certain circumstances and are separate offenses from the underlying crime that is the basis of the charge. That is to say, that you will face this charge in addition to whatever the predicate criminal offense was that was the basis of this charge, such as, assault, theft, robbery and so on. The basic elements of this crime is to commit a predicate offense while participating in a criminal gang, at the direction of a criminal gang or for the benefit of a criminal gang.
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