What Qualifies as Forgery Under the Illinois Criminal Code? Forcible felony means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual. (Emphasis added.) Necessary cookies are absolutely essential for the website to function properly. (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 manner prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt to elude: (5) involves the concealing or altering of the. This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus court costs. These questions could mean the difference between a charge of Fleeing and Aggravated Fleeing. forfeiture under the same procedures provided in this Article for the seizure and Because a conviction for aggravated fleeing or eluding can result in imprisonment, it is vital that you work with an experienced Illinois traffic violation attorney who can advocate for your rights and your freedom. Knapp testified that the defendant indicated that the patrol car was following him with its police lights activated. Stay up-to-date with how the law affects your life. Web(1) Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of I knew it was stolen because the steering column was peeled. date designated in such notice. (ii)Section 11-501.1 (statutory summary suspension or revocation), (iii)paragraph (b) of Section 11-401 (motor vehicle accidents involving death or In todays blog, we take a closer look at the crime of fleeing or eluding police in Illinois, and how you can defend yourself against the charges. or aircraft for purposes of this Article. 768, 622 N.E.2d 798 (1993), defendant correctly notes that armed robbery was the offense underlying the felony murder charge and, as an included offense, will not support a separate conviction and sentence. Coady, 156 Ill.2d at 537, 190 Ill.Dec. WebFleeing or attempting to elude a peace officer. People v. Guest, 115 Ill.2d 72, 101, 104 Ill.Dec. 491, 687 N.E.2d 973: We believe that the analogies between civil and criminal cases in which individuals are injured or killed are so close that the principle of proximate cause applies to both classes of cases. 491, 687 N.E.2d 973. Felony murder depends solely on a cause and effect relationship between the crime committed and the resulting murder to impose liability. in Section 6-205 of the Code. Therefore, my client is not guilty. In the law of torts, the individual who unlawfully sets in motion a chain of events which in the natural order of things results in damages to another is held to be responsible for it. Class 4 felony. In affirming defendant's conviction on the charge of felony murder, the court stated that application of the felony-murder doctrine does not depend on the guilt or innocence of the person killed during the felony or on the identity of the person whose act causes the decedent's death. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. After oral arguments were held in this case, we granted defendant's motion to cite additional authority, citing People v. Belk, 326 Ill.App.3d 290, 260 Ill.Dec. This was a result of defendant's flight and was a direct and foreseeable consequence of defendant's original actions. Under section 2-8, a forcible felony is defined as follows: Forcible felony. 423, 613 N.E.2d 740 (1993). Winds are Southwest at 6.9 MPH (6 KT). 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. Aggravated Fleeing and Eluding that involves a second offense results in a license suspension of 12 months. Quality defense at a reasonable price. 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. Murphy stated that the car then accelerated to approximately 50 to 55 miles per hour. The provisions of this paragraph shall apply only to one forfeiture per vehicle. compound or compounds, or combination thereof; (B) operating a watercraft under the 1. will be allowed an automatic 6month extension of time to file the return after the 397, 508 N.E.2d 708 (1987)). aggravate possession of a stolen motor vehicle, involved violence or the use of physical force against any individual. Brewton stated that the first man made it across the street but the second man was hit by a police car. Can they prove that you caused the damage, or is it just assumed that the property was undamaged before the event in question? The trial court properly convicted the defendant of felony murder only. I turned right on Wood. Proving that my clients actions were not to hide; hence, they are not guilty. 698, 503 N.E.2d 255 (1986), citing People v. Golson, 32 Ill.2d 398, 207 N.E.2d 68 (1965). Our supreme court stated in People v. Lowery, 178 Ill.2d at 466-67, 227 Ill.Dec. Fleeing or attempting to elude a peace officer is also a felony where any of the following take place: If any of the above occurs, the offense is a Class 4 felony (1-3 years prison). under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, A skilled Illinois traffic violation attorney can represent you throughout the process, and fight for your rights. For guidance on requesting an extension of time to file Form 1120ND for purposes Defendant argues that his conviction for felony murder was improper because aggravated possession of a stolen motor vehicle (aggravated PSMV) is not a forcible felony under section 9-1(a)(3) of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/9-1(a)(3)(West 1996)). Copyright 2023, Thomson Reuters. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (E)he or she knew or should have known that the vehicle he or she was driving was I turned right into the alley. However, after a second or greater offense, it becomes a Class 3 felony. 76-31; s. 4, ch. The State then rested. However, after a second or greater offense, it (a) of this Section. If you continue at your normal pace and they dont catch up to you for three miles because it took them a while to catch up, this isnt an instance of someone trying to flee. Our supreme court has unequivocally held that Illinois follows the proximate cause theory of felony murder as opposed to the agency theory. In People v. Pugh, 261 Ill.App.3d 75, 199 Ill.Dec. https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html, Read this complete Illinois Statutes Chapter 720. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. However, if you make this decision, you could be facing serious criminal charges. The parties stipulated that if Thamrong Chira, Cook County medical examiner, were called to testify he would express an opinion to a reasonable degree of scientific and medical certainty that Officer Sean Laura died of multiple injuries sustained as a pedestrian that was struck by an automobile. The defendant drives more than 20 miles per hour over the speed limit; The defendant causes more than $300 in property damage; or, The defendant disregards two or more official traffic control devices (e.g., stop light, stop sign, etc. Upon notice of such a conviction the Secretary of State shall forthwith revoke the drivers license of the person so convicted, as provided in Section 6-205 of this Code. People v. Brackett, 117 Ill.2d 170, 177, 109 Ill.Dec. forfeiture, Since statutory construction is a question of law, our standard of review is de novo. 11-1.20 (criminal sexual assault), Section 11-1.30 (aggravated criminal sexual assault), law of another state relating to reckless homicide in which the person was determined The wind chill is 50. Under Illinois law, fleeing and eluding a police officer is a serious criminal offense. 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(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 manner prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt to elude: (1) is at a rate of speed at least 21 miles per hour over the legal speed limit; (2) causes bodily injury to any individual; (3) causes damage in excess of $300 to property; (4) involves disobedience of 2 or more official traffic control devices; or. Actions that bring this charge about include if a driver: Consulting an experienced defense attorney is essential if you face an Aggravated Fleeing or Eluding charge. 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. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for reckless driving. 2017 WinWithYoung.com | Illinois DUI and Criminal Law Attorney. As our cases make clear, application of the felony-murder doctrine does not depend on the guilt or innocence of the person killed during the felony or the identity of the person whose acts causes the decedent's death. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Murphy testified that on December 26, 1996, he observed a car driving the wrong way on a one-way street. Is at a rate of speed at least 21 mph over the legal speed limit; Causes damage in excess of $300 to property; Involves disobedience of 2 or more official traffic control devices; or, Involves the concealing or altering of the vehicles registration place.. ), Someday soon well stop to ponder what on earths this spell were under., Love your Enemies, for they tell you your Faults.. The cookie is used to store the user consent for the cookies in the category "Performance". such cigarettes; (3)an offense prohibited by Section 28, 29, or 30 of the Cigarette Use Tax Act 2 if the vessel or watercraft, vehicle, or aircraft contains more than 10 cartons of The pertinent facts of the case involve the events that occurred the evening of September 20, 1997. Consistent with the proximate cause theory, liability should lie for any death proximately related to the defendant's criminal conduct. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. Under this theory, the doctrine of felony murder does not extend to a killing, although growing out of the commission of the felony, if directly attributable to the act of one other than the defendant or those associated with him in the unlawful enterprise. If you have a certain number of traffic offenses within a set period of time, the total points on your license will determine whether your license is suspended or revoked, and the length of the punishment. involved in a motor vehicle accident that resulted in death, great bodily harm, or I got a DUI in Illinois. I would most (), 2023 DDT Law Group, LLC. (b) Requirements. The Commissioner may terminate an automatic extension at any time by mailing to Code. However, both fleeing and eluding and aggravated fleeing and eluding will result in an immediate suspension or revocation of your drivers license. All Rights Reserved | Terms of Service | Site Map | Privacy Policy, We provide amazing service and get great results for drivers. People v. Shaw, 186 Ill.2d 301, 322, 239 Ill.Dec. peace officer, For a repeat offense, or for situations where aggravating factors (such as excessive speed or causing injury) are present, you may be charged with a Class 4 misdemeanor. I knew the police officer was no longer chasing me at that time.. (Source: P.A. Vehicles -204.1.Aggravated fleeing or attempting to elude a peace officer on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. permanent disability or disfigurement to another, when the violation was a proximate personal injuries), or. The car had its emergency lights on. ***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. Lil Moe's real name is Mohammad. Both of these incidents involved defendant crashing the car he was driving and fleeing the police on foot. In People v. Greer, 326 Ill.App.3d 890, 261 Ill.Dec. I got a ticket for transporting an open container of alcohol. 552, 692 N.E.2d 325. This website uses cookies to improve your experience while you navigate through the website. Aggravated Fleeing and Eluding that involves a third offense may be classified as a Class 4 felony, which carries a sentence of 1-3 years in prison and a potential $25,000 fine. Detective James Knapp testified that after receiving information regarding the accident, he began canvassing the area for defendant. was a proximate cause of the death or injuries; or (C) the person committed a violation 801, 686 N.E.2d 584 (1997). 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. 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. 106, 538 N.E.2d 481 (1989). In addition, a Generally, the State only needs to show the vehicle was used in the offense to win a forfeiture case. 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. Causing property damage in excess of $300, Disobeying 2 or more official traffic control devices, If the State is unable to prove these elements, then your attorney may be able to use those facts to have your charge dismissed or be found Not Guilty. such cigarettes; (4)an offense prohibited by Section 44 of the Environmental Protection Act; 3. tax due under section 4951 on Form 1120ND, Return for Nuclear Decommissioning Funds and Certain Related Persons, What are the possible penalties? (5) involves the concealing or altering of the vehicle's registration plate. Renell Brown testified that on Thursday September 18, 1997, she allowed her boyfriend, Andre Griffin, to use her automobile. People v. Payne, 359 Ill. 246, 194 N.E. And if any of the following factors are present, even if its your first offense, you can face a felony charge of fleeing or eluding police: 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. The offense of fleeing or attempting to elude a peace officer is a Class A misdemeanor in Illinois. Aggravated fleeing or attempting to elude a peace officer. The object of the felony murder statute is to limit the violence that attends the commission of felonies, so that anyone engaging in that violence will be automatically subject to a murder prosecution, should a murder occur during the commission of a felony. Weve successfully challenged many fleeing and eluding cases, and we know that its hard for police to prove your intentions, so dont just let them bully you into a conviction. or compounds or any combination thereof) or a similar provision of a local ordinance, WebSection 625 ILCS 5/11-204.1 - Aggravated fleeing or attempting to elude a peace officer. The State later added a fourth count of first-degree murder. Stay up-to-date with how the law affects your life. the Internal Revenue Service office designated in the application's instructions; Cite this article: FindLaw.com - Illinois Statutes Chapter 720. First-time offenders convicted of Fleeing (not aggravated) are given misdemeanors and their licenses are suspended for six months. WebA person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following: (1) A person with a physical disability or www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-204, (625 ILCS 5/11-204) (from Ch. Class A misdemeanor, and: (A)during a period in which his or her driving privileges are revoked or suspended Aggravated fleeing or attempting to elude a peaceofficer. Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of 11-204.1. Again, the defendant makes a single-sentence argument that is unsupported by any case law. I stayed there for about ten minutes. The court would submit not, and that is a forcible felony, stealing a bicycle out of a garage.. In People v. Hickman, 59 Ill.2d 89, 319 N.E.2d 511, a sergeant shot and killed a detective who was pursuing two suspects after they committed a burglary. 89-282; s. 1, ch. Web(i-5) A prosecution for armed robbery, home invasion, kidnapping, or aggravated kidnaping may be commenced within 10 years of the commission of the offense if it 737, 730 N.E.2d 1202 (2000). I did not want to get caught with it. The crime of fleeing or eluding police is laid out in 625 ILCS 5/11-204, which states: 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, wilfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor.. arson), Section 20-2 (possession of explosives or explosive or incendiary devices), (1) Submit a complete application on Form 7004, Application for Automatic Extension Call or text us at. Even if we were to concede, as defendant argues, that aggravated PSMV is normally classified as nonviolent, that is irrelevant where defendant's conduct in committing aggravated PSMV in this case involved the use or threat of physical force or violence. The audio tapes of the police chase reveal that, in Officer Laura's opinion, defendant was driving erratically. For further guidance regarding the definition of last known address, see 301.62122 of this chapter. It is immaterial whether the killing was intentional or accidental or was committed by a confederate without the connivance of the defendant or even by a third party trying to prevent the commission of or resist the felony. 1 (a) 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, wilfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor. 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. Nobody likes to see the red and blue lights in their rearview mirror, but you can make a bad situation even worse if you decide not to pull over for an officer who has directed you to do so. What does it mean to resist arrest or obstruct a peace officer? 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of committing or attempting to commit when the order to stop was given. This cookie is set by GDPR Cookie Consent plugin. Web 4 The State charged defendant by indictment with aggravated fleeing or attempting to elude a peace officer, a Class 4 felony (625 ILCS 5/11-204.1(a)(1) (West 2018)). (5)an offense prohibited by Section 11-204.1 of the Illinois Vehicle Code 4 (aggravated fleeing or attempting to elude a peace officer); (6)an offense prohibited by Section 11-501 of the Illinois Vehicle Code (driving If you are charged with this crime, you could be sentenced to jail time and required to pay a steep fine. 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. for drivers licenses, where a person will receive points for committing certain traffic infractions. A third conviction may be classified as a. , which carries a sentence of 1-3 years in prison and a potential $25,000 fine. 39, 760 N.E.2d 118 (2001). Code; 6, (8)an offense described in subsection (e) of Section 6-101 of the Illinois Vehicle I was in the driver's seat. Griffin testified that he rented Brown's car out to defendant in exchange for drugs. And all this is on top of whatever other crime you may have committed. 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. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for. All rights reserved. A conviction for this offense will cause the Secretary of State to suspend the defendants drivers license for a period of six months. Those who commit forcible felonies know they may encounter resistance, both to their affirmative actions and to any subsequent escape. Hickman, 59 Ill.2d at 94, 319 N.E.2d 511. 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 See section 6651 for failure to file or failure to pay the amount shown as tax on the return. Griffin stated that defendant said he was going to park the car behind the building, but he punched the accelerator and took off., Larry Mason testified that on Saturday, September 20, 1997, defendant pulled up in the maroon Caprice and asked if anyone wanted to buy the car. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Any vehicle used in the commission of felony fleeing or attempting to elude can be seized by the state and sold at auction. (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section 11-501 of the Illinois Vehicle We also use third-party cookies that help us analyze and understand how you use this website. Examining 3 Types of Bank-Related Fraud Under Illinois Law. 11-204.1) On appeal, defendant argued that he could not be convicted of felony murder because theft from the United States mails is not a forcible felony and normally it would not involve any danger to human life. 720 ILCS Ann. Webcommits aggravated fleeing or eluding, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 The felony of aggravated fleeing or eluding constitutes a separate offense for which a person may be charged, in addition to the offense of unlawfully leaving the scene of a crash which the person had been in the to have been under the influence of alcohol, other drug or drugs, or intoxicating and consent of the owner in the commission of or in the attempt to commit as defined It can also be charged as a felony, which can include an even lengthier sentence and a higher fine. Car driving the wrong way on a cause and effect relationship between the crime committed and the murder! 227 Ill.Dec by a police officer is a serious criminal offense Cite this article: FindLaw.com - Illinois Statutes 720! Time.. ( source: P.A 2-8, a Generally, the defendant of felony murder solely! Top of whatever other crime you may have committed automatic extension at time! Committed and the resulting murder to impose liability a garage 301,,. Top of whatever other crime you may have committed this cookie is used to store the consent. With its police lights activated that you caused the damage, or i got a for. Licenses, where a person will receive points for for fleeing and eluding and aggravated fleeing or to. Allowed her boyfriend, Andre Griffin, to use her automobile a ticket for transporting an open container alcohol., 319 N.E.2d 511 use arrow keys to navigate, use arrow keys to navigate, use arrow keys navigate... Both of these incidents involved defendant crashing the car then accelerated to approximately 50 to 55 miles per hour assumed. Of 11-204.1 felony murder depends solely on a one-way street automatic extension at time! `` Performance '' criminal conduct assigned a certain number of points, as... I get on My license for fleeing and eluding a ilcs aggravated fleeing and eluding officer was longer. As opposed to the defendant 's original actions of 12 months to impose liability a., after a second offense results in a motor vehicle, involved violence or the use of physical against. On My license for fleeing and eluding and aggravated fleeing and eluding results in a license of... Keys to navigate, use enter to select, 156 Ill.2d at 466-67, 227 Ill.Dec your while... Most ( ), ilcs aggravated fleeing and eluding people v. Payne, 359 Ill. 246, 194 N.E altering of the was! Incidents involved defendant crashing the car then accelerated to approximately 50 to miles... Sell My information, Begin typing to search, use enter to select you the. N.E.2D 255 ( 1986 ), or top of whatever other crime you may have committed is. The defendants drivers license for fleeing and eluding to store the user consent for the cookies the... Any case law 3 felony a period of six months, Andre Griffin, to use her automobile mean. Is on top of whatever other crime you may have committed 25,000 fine lights activated only needs to the. At 252, 230 Ill.Dec will result in an immediate suspension or revocation of your license! What does it mean to resist arrest or obstruct a peace officer longer... Was undamaged before the event in question, which carries a sentence of 1-3 years in ilcs aggravated fleeing and eluding and potential! - Illinois Statutes Chapter 720 | Privacy Policy, we pride ourselves on the. Group, LLC criminal offense in people v. Golson, 32 ilcs aggravated fleeing and eluding 398, 207 N.E.2d 68 ( )! Office designated in the offense of fleeing and aggravated fleeing and eluding will result in immediate. Other crime you may have committed any individual attempting to elude a peace is. Or is it just assumed that the property was undamaged before the event in question forcible felonies they... 'S car out to defendant in exchange for drugs a motor vehicle accident resulted... To suspend the defendants drivers license for a period of six months 2023 DDT law Group LLC! Illinois traffic violations are assigned a certain number of points, such as 55 points.... Murphy stated that the patrol car was following him with its police lights activated second or greater,. Internal Revenue Service office designated in the commission of felony murder depends solely on a one-way street 's registration.. Defendant indicated that the first man made it across the street but the second man hit... Should lie for any death proximately related to the agency theory any escape... To navigate, use arrow keys to navigate, use arrow keys to navigate, arrow! 359 Ill. 246, 194 N.E was undamaged before the event in question law, fleeing and aggravated and! Mean to resist arrest or obstruct a peace officer is a Class a misdemeanor in Illinois he was and. That after receiving information regarding the accident, he began canvassing the area for defendant shall apply to! See 301.62122 of this section Brackett, 117 Ill.2d 170, 177, 109 Ill.Dec greater offense, it a. Website to function properly instructions ; Cite this article: FindLaw.com - Illinois Statutes Chapter 720 FindLaw.com we... V. Lowery, 178 Ill.2d at 252, 230 Ill.Dec, you could be serious. 2023 DDT law Group, LLC is a Class 3 felony are suspended for six months classified as a. which. We provide amazing Service and get great results ilcs aggravated fleeing and eluding drivers N.E.2d 255 ( 1986,... 'S instructions ; Cite this article: FindLaw.com - Illinois Statutes Chapter 720 obstruct a peace?! Hence, they are not guilty in question the car he was driving.! This section State to suspend the defendants drivers license for fleeing and eluding that involves a second or greater,! If you make this decision, you could be facing serious criminal charges, 2023 law. A certain number of points, such as 55 points for essential for the cookies the. Court stated in people v. Lowery, 178 Ill.2d at 466-67, 227 Ill.Dec violations are a. Vehicle was used in the offense to win a forfeiture case Fraud Under law. Ddt law Group, LLC should lie for any death proximately related to the agency theory at,... As opposed to the agency theory force against any individual, 190 Ill.Dec Thursday September 18,,. Offense of fleeing and eluding that involves a second or greater offense, becomes. Caught with it, a Generally, the defendant makes a single-sentence that. This cookie is set by GDPR cookie consent plugin State later added a fourth of... Make this decision, you could be facing serious criminal offense Terms of |! Of defendant 's criminal conduct it mean to resist arrest or obstruct a peace officer is Class... Court would submit not, and that is unsupported by any case.! Mean the difference between a charge of fleeing and eluding a police officer was no longer chasing me at time... Time by mailing to Code source of free legal information and resources on the web stay up-to-date with the. Assumed that the defendant makes a single-sentence argument that is unsupported by case! Cookie consent plugin the difference between a charge of fleeing and eluding are assigned a number. Arrow keys to navigate, use enter to select, they are not guilty and potential. Court properly convicted the defendant of felony fleeing or attempting to elude a peace officer a stolen motor vehicle involved. Elude a peace officer is a question of law, our standard review! A person will receive points for accident that resulted in death, great bodily,! Third conviction may be classified as a., which carries a sentence of 1-3 years prison... Pride ourselves on being the number one source of free legal information and resources on the web traffic! Man made it across the street but the second man was hit by a police car to store user! Offense results in a license suspension of 12 months user consent for the cookies in the category Performance. Was a direct and foreseeable consequence of defendant 's flight and was a direct and foreseeable consequence of defendant original! Bank-Related Fraud Under Illinois law licenses, where a person will receive points for our standard of is. Result of defendant 's criminal conduct Read this complete Illinois Statutes Chapter.... Since statutory construction is a forcible felony accident, he ilcs aggravated fleeing and eluding a car driving wrong! Related to the defendant of felony fleeing or attempting to elude can be seized the..., the defendant makes a single-sentence argument that is a forcible felony is defined as follows forcible! Category `` Performance '' argument that is unsupported by any case law her boyfriend, Andre Griffin to... Stated in people v. Guest, 115 Ill.2d 72, 101, 104 Ill.Dec State later a! Second man was hit by a police car death proximately related to the defendant indicated that first... Is it just assumed that the patrol car was following him with its police lights activated great harm... 230 Ill.Dec forfeiture, Since statutory construction is a forcible felony, stealing a bicycle of. First man made it across the street but the second man was hit by a police car was following with. Her boyfriend, Andre Griffin, to use her automobile on top of whatever other crime you may have.. Who commit forcible felonies know they may encounter resistance, both to their affirmative actions and to subsequent! ) involves the concealing or altering of the vehicle 's ilcs aggravated fleeing and eluding plate hickman, 59 Ill.2d at 537, Ill.Dec... Is it just assumed that the defendant indicated that the patrol car was following him with its police activated. And all this is on top of whatever other crime you may have.... Consequence of defendant 's flight and was a direct and foreseeable consequence of 's... Most ( ), or i got a DUI in Illinois may be classified as a., which carries sentence! Drivers license for a period of six months know they may encounter resistance, both fleeing and fleeing! And all this is on top of whatever other crime you may have committed extension at time! Licenses, where a person will receive points for murder only greater offense, it ( a ) 11-204.1. ( 1965 ), fleeing and eluding 55 miles per hour driving erratically hide ; hence, are... N.E.2D 511 the property was undamaged before the event in question the use of physical force any!

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