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What are the sentencing prospects for a family member convicted of a Class 1 arson who also has a residential burglary pending?

Chicago, IL |

She was given bail while waiting for the arson trial. While on bail she was charged with residential burglary and assaulting a police officer with a knife. While in Cook County she was involved in multiple fights and put in solitary. Still in the county jail. She has been convicted of a Class 1 arson. Not guilty on the Class X. Next court date for arson case is same date & time as next date for burglary charge. Same judge for both trials.
She has been in Cook County Jail for over a year. Has a history of drug and alcohol abuse and domestic violence. Is divorced with father having full custody of the multiple children. Trying to understand what the sentence probabilities are if she is also convicted of the burglary; what if she is found not guilty?

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Attorney answers 1

Posted

It cannot be stressed the seriousness of these allegations and that this individual needs to seek the help of an experienced criminal defense attorney. Arson, in general, is a class 2 felony punishable by 3-7 years in prison. Now, if I am understanding this correctly, she was found guilty of the arson charge and is awaiting sentencing and must still deal with the residential burglary charge. Residential burglary is a class 1 felony, punishable by 4-15 years in prison.

If she is found not guilty of the residential burglary, she is looking at a minimum of 3 years since she was convicted of the arson and up to a maximum of 7 years.
If she is found guilty of the residential burglary charge, she is looking at a minimum of 7 years (3 for arson + 4 for residential burglary) and a maximum of 22 years.

There are ways a good attorney can mitigate, perhaps avoid trial on the residential burglary charge, and get this individual a better deal than going to trial and possibly losing. I would contact an experienced criminal defense attorney.

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. You should consult with an attorney immediately.

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