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Author Topic: how much time  (Read 5804 times)

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Offline fairveiw0919

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how much time
« on: June 18, 2014, 02:00:34 AM »
I have two questions, first someone I know was sentenced to 6 years in prison and 93 day served they were out in three months and committed another crime getting 7 years....their time was cut in half now they are back out. Why did they only do three months for the 6 years charge? Next what is the max someone is looking at for felony destruction of property and felony domestic battery because they have a prior they charged him twice....he is on parole and has 5 months left. I need to know because I am terrified of him due to his recent addiction to crack. fml really....I am not dropping charges.

Offline Forevermah

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Re: how much time
« Reply #1 on: June 18, 2014, 07:32:19 AM »
The only way he could get out on the first charge was if he had credit for time served in county before they moved him to IDOC, if he only served 3 months on that charge, he did not have time to earn credit for classes/programs to cut his sentence down, so the county time could be it  and then he got another seven for which he should have served 3 1/2 years minus county time and any other time served.  With the information you provided, that is all I can think of.

The felony destruction of property:




    Knowingly damage someone else’s property,
    Recklessly, by fire or explosion, damage someone else’s property,
    Knowingly start a fire on someone else’s land,
    Knowingly injure a pet belonging to someone else, or
    Damage property to collect insurance.

The charge you will face for this offense depends on the property that was damaged
Criminal Damage to Property – Class A misdemeanor

You will face Class A misdemeanor charges of criminal damage to property if the damage done is valued at less than $300. A Class A misdemeanor carries a potential sentence of one year in jail and fines of $2,500.

Criminal Damage to Property – Class 4 Felony

The charge you face will be a Class 4 felony if the damage is more than $300 but less than $10,000, or if the damage is committed against a school, place of worship, or to farm equipment and is valued at less than $300. A Class 4 felony can carry up to 1 to 3 years in prison and $25,000 in fines.

Criminal Damage to Property  – Class 3 Felony

Class 3 felony criminal damage to property is committed when the property damage is valued at between $10,000 and $100,000, or if the property in question was a place of worship, school, or farm equipment and the damage is vaued at between $300 and $10,000.

Class 3 felonies carry a potential penalty of 2 to 5 years in prison and fines reaching $25,000.

Criminal Damage to Property  – Class 2 Felony

You will face Class 2 felony charges of criminal damage to property if the damage is valued at more than $100,000 or if the damage is done to a school, place of worship, or farm equipment and the damage is valued at $10,000 to $100,000.

A Class 2 felony carries a sentence of 3 to 7 years in prison and fines up to $25,000.

Criminal Damage to Property  – Class 1 Felony

If the damage is done to a place of worship, a school, or farm equipment and the damage is valued at more than $100,000. If charged with this offense, you face a potential penalty of 4 to 15 years in prison and fines reaching $25,000.

Ref: 720 ILCS 5/21-1
Criminal Damage of Fire Fighting Apparatus, Hydrants, or Equipment

You may be charged with this criminal damage offense if you willfully and maliciously cut, damage, tamper with, destroy, or deface any fire hydrant or hose, fire engine or any public or private fire-fighting equipment.

This offense is a Class B misdemeanor punishable by up to 6 months in jail and fines up to $1,500.

Ref: 720 ILCS 5/21-1.1

Criminal Defacement of Property

Criminal defacement of property is graffiti, etching, marking, writing, or painting on someone else’s property. The charge you face depends on the value of the damage done.

If the damage is your first offense and the value is less than $300, you will face Class B misdemeanor charges punishable by up to 6 months in jail and fines up to $1,500.

If this is your second or subsequent offense or the damage is valued at more than $300, the charge you will face in court is a Class A misdemeanor which carries a potential penalty of up to one year in jail and fines of $2,500.

Class 3 felony charges apply when the damage is valued at more than $300 and the property vandalized is a church, school, or farm equipment. Class 3 felonies are punishable by 2 to 5 years in prison and fines reaching $25,000.

Ref: 720 ILCS 5/21-1.3






The domestic charges are as follows and just so you know IDOC does not go easy on anyone who is out on parole and gets picked back up on domestic violence charges:


Domestic battery is defined as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation” of another member of the household or family as defined under 750 ILCS 60. Under Illinois law, domestic violence is classified as a violent criminal offense. If you are arrested for conduct or an incident involving domestic violence, you may be charged with a Class A Misdemeanor or even a Class 4 Felony if you have a criminal history that includes prior convictions for domestic violence. The sentence associated with a conviction of misdemeanor domestic violence involves serious penalties that include up to one year incarceration in county jail and a maximum fine of up to $2,500. If you have prior convictions resulting in a Class 4 Felony charge you may be sentenced from one to three years in state prison and a maximum fine as high as $25,000. Other penalties may include mandatory counseling, anger management classes and probation.

Domestic Violence Offenses

In order for a crime to constitute domestic violence, the aggressor and the victim must be “family or household members”, defined as follows:

    current or former spouses
    parents, children, stepchildren and others persons who are related by blood or by marriage
    people who currently share or formerly shared a dwelling
    people who have a child in common
    people in a dating or engagement relationship, and
    people with disabilities and their caregivers.

(725 Ill. Comp. Stat. 5/112A-3)

Domestic Battery

A person commits domestic battery by intentionally causing bodily harm to a family or household member or by making physical contact in an insulting or provocative way with a family or household member. Domestic battery is punished as a Class A misdemeanor; however, domestic battery is a Class 4 felony if the defendant has a prior conviction for domestic battery or for violating an order of protection. Domestic battery is also a Class 4 felony if the defendant has a prior conviction for committing any one of a number of violent crimes against a family or household member, such as murder, aggravated domestic battery, kidnapping or unlawful restraint.

While a Class A misdemeanor carries a possible maximum sentence of less than a year and a $2,500 fine, a Class 4 felony carries up to six years in prison and a $25,000 fine.

(720 Ill. Comp. Stat. § 5/12-3.2; 730 Ill. Comp. Stat. §§ 5/5-4.5-45, 5/5-4.5-50, 5/5-4.5-55)

Aggravated Domestic Battery

If, in committing domestic battery, the defendant causes great bodily harm, permanent disability, or disfigurement, the defendant is guilty of aggravated domestic battery. Aggravated domestic battery also occurs where a defendant strangles the victim during the commission of domestic battery.

Aggravated domestic battery is a Class 2 felony. Any sentence that includes probation or conditional discharge must also include a condition requiring the defendant to be incarcerated for a minimum of 60 days. If the defendant has one or more prior convictions for aggravated domestic battery, the judge must sentence the defendant to a minimum of three years in prison.

(720 Ill. Comp. Stat. § 5/12-3.3)

Interfering with the Reporting of Domestic Violence

A person commits the offense of interfering with the reporting of domestic violence by committing domestic violence and then preventing or attempting to prevent the victim or a witness from calling 911, reporting the incident to law enforcement, or obtaining medical help. Interfering with the reporting of domestic violence is a Class A misdemeanor.

(720 Ill. Comp. Stat. § 5/12-3.5)

Protective Orders

In Illinois, a person (referred to as the petitioner) may file a petition asking a court to issue an order that protects the petitioner from an abusive family or household member (referred to as the respondent). The respondent will have a chance to contest the petition in court. A protective order can last up to two years.

The order may include provisions that prohibit the respondent from harassing, intimidating, and physically abusing the petitioner. The order may also award exclusive use of a residence to the petitioner and require the respondent to leave and stay away from the residence. The order may contain a number of other provisions, including ones that award temporary child custody or require the respondent to undergo counseling.

(725 Ill. Comp. Stat. § 5/112A-14)

Emergency Orders of Protection

A judge may issue an emergency order without giving the respondent a chance to contest the matter in court. This happens when the petitioner establishes that the harm that the petition seeks to prevent is likely to occur if the respondent is given notice of the petitioner’s efforts to obtain protection. An emergency order cannot include provisions that require the respondent to pay for counseling, legal custody, support, or compensation to the petitioner.

(725 Ill. Comp. Stat. § 5/112A-17)

Violation of an Order of Protection

Violating a protective is a crime. A respondent commits it by acting or failing to act in violation of provisions that pertain to:

    physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation,
    exclusive possession of the petitioner’s residence,
    the respondent staying away from the petitioner or any other persons protected by the order, or staying away from the petitioner’s residence, workplace, school, or other place specified in the order,
    the respondent posing a threat to the petitioner or petitioner’s children by entering or remaining at the residence while under the influence of alcohol or drugs, or
    the respondent possessing firearms.

If the respondent’s violation of a protective order is also a crime in itself, the respondent can be charged with both the crime of violating the protective order and the crime that constituted the violation.

A respondent also commits the crime of violating a protective order by committing child abduction, in violation of a protective order’s provisions pertaining to the physical care and possession of a child, temporary legal custody, or prohibitions against removing the child from the state or concealing the child within Illinois.

Violating a protective order is a Class 4 felony if the respondent has a prior conviction for violation of a protective order, domestic battery, or a violent crime (such as murder, kidnapping, or sexual abuse) where the victim was a family or household member. Otherwise, the violation of a protective order is considered a Class A misdemeanor.

(720 Ill. Comp. Stat. § 5/12-3.4, 725 Ill. Comp. Stat. § 5/112A-23)

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Offline jaf

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Re: how much time
« Reply #2 on: June 18, 2014, 08:36:15 AM »
When was the first time he was in prison?

Maybe he got out so quickly because it was before they stopped giving the old good time?  What was it called?  MGT? 

Offline Forevermah

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Re: how much time
« Reply #3 on: June 18, 2014, 08:41:36 AM »
When was the first time he was in prison?

Maybe he got out so quickly because it was before they stopped giving the old good time?  What was it called?  MGT? 

That would have only been 6 months tops, a six year sentence would have been 3 years, even if he got SMGT/MGT that wouldn't make up for the other 2years plus he had to serve.
Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”