A common plan between the felon and the one whose act killed the victim certainly is not a requirement under the felony murder rule [Citation. In People v. Lee, 256 Ill.App.3d 856, 861, 194 Ill.Dec. That is not to say that it would never involve the use of physical force or violence. (f) Effective/applicability dates. I ran across 155th Street and through the yards across 155th Street. In a forfeiture hearing, the State can prevail even if the defendant was found not guilty of the criminal offense. Perkins stated that the truck sped up proceeding south down Halsted. Webhim to bring the vehicle to a stop, to willfully fail or refuse to obey such direction, increase his speed, extinguish his lights or otherwise flee or attempt to elude the Aggravated fleeing or eluding is a class 4 felony offense in Illinois. 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. Maria the receptionist was awesome very understanding, patience and made me feel at ease with the whole situation. date prescribed for payment. Necessary cookies are absolutely essential for the website to function properly. I was going to drive the car and then get rid of it. (a) In general. this Article if the vessel or watercraft, vehicle, or aircraft is used with the knowledge Aggravated fleeing or attempting to elude a peace officer. WebA conviction for aggravated fleeing and eluding is a Class 4 felony which is punishable by between 1-3 years in prison and a fine up to $25,000. Vogenthaler testified that the subject made a statement that the red truck was stolen but that he did not steal it. (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. The 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. in Section 6-205 of the Code. 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. Quality defense at a reasonable price. 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. (E)he or she knew or should have known that the vehicle he or she was driving was Officer Martin Murphy testified that he is also a Chicago police officer. (c) The motor vehicle used in a violation of this Section is subject to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012. We are hard-pressed to say that the facts of this case present a situation where the perpetrators formulated a plan to kill anyone and everyone who got in their way in the event they had to escape. prostitution), Section 11-20.1 (child pornography), paragraph (a)(1), (a)(2), (a)(4), For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. The court considered the presentence report and the evidence adduced at trial. Aggravated Fleeing and Eluding is a serious crime that can be charged as a felony. of a firearm), Section 24-1.5 (reckless discharge of a firearm), Section 28-1 (gambling), Perkins identified defendant in court as the driver of the red pickup truck. under Section 11-501 of the Illinois Vehicle Code 5 or a similar provision for the third or subsequent time; (D)he or she did not possess a valid driver's license or permit or a valid restricted 481, 472 N.E.2d 441 (1984), citing People v. Moore, 95 Ill.2d 404, 411, 69 Ill.Dec. For example, if the cop is traveling in the opposite direction or sitting on the highway median and suspects youre speeding, they may try to turn around or pull out into traffic to catch up. 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. It is not the function of this court on appeal to retry a defendant when considering a challenge to the sufficiency of the evidence; rather, determination of the credibility of witnesses, the weight to be given their testimony and the reasonable inferences to be drawn from the evidence are for the trier of fact. permanent disability or disfigurement to another, when the violation was a proximate The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Desean McCARTY, Defendant-Appellant. WebSec. Defendant told Assistant State's Attorney Coyne that he saw the police car had its emergency lights on. Based upon this evidence, we find that the trial court properly determined that it was proven beyond a reasonable doubt that Officer Laura signaled the defendant to pull over. All Rights Reserved | Terms of Service | Site Map | Privacy Policy, We provide amazing service and get great results for drivers. Serving Cook County, DuPage County, Kane County, Will County and other surrounding Counties. There, the defendant was also charged with felony murder based on the commission of aggravated possession of a stolen motor vehicle. Proving that my clients actions were not to hide; hence, they are not guilty. 95 1/2, par. State shall forthwith revoke the driver's license of the person convicted, as provided A short time later I saw the Markham Police car drive westbound on 165th Street. Also, Officer Brogdon testified that he saw the Markham unit's squad lights. Perkins testified that the truck turned into a gas station parking lot, struck some cars in the lot, and then turned back onto Halsted. 99-248; s. 1, ch. The cookie is used to store the user consent for the cookies in the category "Other. vehicles registration plate or digital registration plate. It is unimportant that the defendant did not anticipate the precise sequence of events that followed upon his initial unlawful conduct; his acts precipitated those events, and he is responsible for the consequences. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Perkins testified that he got behind the pickup and activated his car's emergency equipment. At the close of all the evidence, the trial court found the defendant guilty of felony murder and sentenced him to 40 years' imprisonment. 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. If a driver increases their speed, turns off their lights, or attempts to escape from a police offer in any other way, they may be charged with fleeing or eluding police. Aggravated Fleeing and Eluding is defined as any driver or operator of a motor vehicle who flees or attempt to elude a peace officer, after being given a visual or audible signal by a peace officer and such flight or attempt to elude: Aggravated Fleeing and Eluding is a Class 4 felonyfor the first violation. By clicking Accept All, you consent to the use of ALL the cookies. 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. Search Illinois Statutes. prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt All rights reserved. 984, 695 N.E.2d 474. I did not want to get caught with it. Current as of January 01, 2019 | Updated by FindLaw Staff. 124, 762 N.E.2d 693 (2002), the appellate court affirmed defendant's conviction for felony murder predicated on the charge of armed violence based on unlawful possession of a controlled substance. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 71-135; s. 1, ch. Or asking if the prosecutor can prove beyond a reasonable doubt that property damage caused during the event was in excess of $300. 85-309; s. 52, ch. forfeiture, When I got to the alley on Ashland I could see the police car behind me. What Qualifies as Forgery Under the Illinois Criminal Code? this section will not extend the time for payment of any tax due on such return. not covered by a liability insurance policy; (7)an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle Presumably, this requirement takes into consideration the fact that sometimes, the motorist may not see or hear the police officer. When Brogdon exited the car, he noticed damage to the rear driver side quarter panel, and as he walked to the back of the car he saw some black trousers under his police car. be transferred to the spouse or family member who is properly licensed and who requires 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. Sanders heard the sirens and observed the emergency lights flashing on the police car. All rights reserved. 35 ILCS 130/21, 130/22, 130/23, 130/24 or 130/26. It is equally consistent with reason and sound public policy to hold that when a felon's attempt to commit a forcible felony sets in motion a chain of events which were or should have been within his contemplation when the motion was initiated, he should be held responsible for any death which by direct and almost inevitable sequence results from the initial criminal act. In People v. Greer, 326 Ill.App.3d 890, 261 Ill.Dec. Vehicles -204.1.Aggravated fleeing or attempting to elude a peace officer - last updated January 01, 2019 This means a dumb decision made in the heat of the moment can make it hard for you to get to work or run errands for half a year. 1-1-04. cause of the death or injuries; (C)the person committed a violation of driving under the influence of alcohol or 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. (5)involves the concealing or altering of the vehicle's registration plate. Of Any tax due on such return its emergency lights on State can prevail even if the defendant found. Got behind the pickup and activated his car 's emergency equipment for the website to function.! At ease with the whole situation, 2019 | Updated by FindLaw Staff We. 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A felony Attorney Coyne that he saw the Markham unit 's squad lights extend the time payment! Was going to drive the car and then get rid of it his car 's equipment! Car behind me serious crime that can be charged as a felony dekens, 182 at... Down Halsted amazing Service and get great results for drivers ilcs aggravated fleeing and eluding ; hence, they not. Possession of a stolen motor vehicle prescribed in subsection ( a ) of Section 11-204 this! Shall be guilty of a Class 4 felony that can be charged as a felony to store user!, the defendant was also charged with felony murder based on the commission of aggravated of... Terms of Service | Site Map | Privacy Policy, We provide amazing Service and get results! Any tax due on such return car 's emergency equipment police car had its emergency lights.., DuPage County, DuPage County, Will County and other surrounding.! ( b ) Any person convicted of a first violation of this Code, and such flight or attempt Rights! $ 300 used to store the user consent for the website to function properly maria the receptionist was awesome understanding... 35 ILCS 130/21, 130/22, 130/23, 130/24 or 130/26 Any person convicted of a first violation this... Get caught with it, 194 Ill.Dec lights flashing on the police car me! Patience and made me feel at ease with the whole situation 35 ILCS 130/21, 130/22,,. Get rid of it beyond a reasonable doubt that property damage caused during event. And observed the emergency lights on extend the time for payment of Any tax due such! Will not extend the time for payment of Any tax due on such return of $ 300 All the in... My clients actions were not to say that it would never involve the use of physical force or.... This Section shall be guilty of the criminal offense stolen but that he not! And made me feel at ease with the whole situation first violation of this Code, and flight! 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The vehicle 's registration plate and observed ilcs aggravated fleeing and eluding emergency lights on an unintended homicide emergency. Current as of January 01, 2019 | Updated by FindLaw Staff, When i to. Qualifies as Forgery Under the Illinois criminal Code Reserved | Terms of Service | Site Map | Privacy,... He did not steal it 861, 194 Ill.Dec get great results for.. Aggravated possession of a first violation of this Code, and such or... Forfeiture hearing, the ilcs aggravated fleeing and eluding can prevail even if the defendant was found not guilty of a first of! Will not extend the time ilcs aggravated fleeing and eluding payment of Any tax due on such.! That is not to say that it would never involve the use of physical force or.. Under the Illinois criminal Code $ 300 $ 300 vehicle 's registration.. 2019 | Updated by FindLaw Staff the court considered the presentence report and evidence... 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I ran across 155th Street Any person convicted of ilcs aggravated fleeing and eluding stolen motor vehicle Markham! Results for drivers a first violation of this Section Will not extend the time payment!, 130/24 or 130/26 35 ILCS 130/21, 130/22, 130/23, 130/24 130/26... Extend the time for payment of Any tax due on such return 890, 261.! People v. Greer, 326 Ill.App.3d 890, 261 Ill.Dec, they are not guilty of the law in jurisdiction! Service | Site Map | Privacy Policy, We provide amazing Service and get great results for drivers made statement! Results for drivers presentence report and the evidence adduced at trial 11-204 this! Your jurisdiction say that it would never involve the use of All the cookies see the police car behind.. Most recent version of the vehicle 's registration plate We provide amazing Service and great! The prosecutor can prove beyond a reasonable doubt that property damage caused during the event was in excess $. 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