Chicago Criminal Lawyer Blog
A former Chicago police property custodian, who had held that position since 1990, was sentenced to two years in prison this week after she was caught on tape stealing money, jewelry, and a camcorder out of an evidence facility. She was convicted of the crime of official misconduct.
There are two different types of official misconduct. One type is official misconduct by a public officer or a special government agent. The second type of official misconduct is done by an employee of a law enforcement agency, like in the case above. The first type of official misconduct is charged when any of the individuals mentioned above is alleged to have done any of the following when acting in his or her official capacity or capacity as a special government agent:
- Intentionally or recklessly failing to perform any duty that is mandatory by law;
- Knowingly performing an act which he or she knows is against the law;
- Performing an act that exceeds his or her lawful authority with the intent to obtain a personal advantage; or
- Knowingly accepting or soliciting another person for a fee or reward for any act which is not authorized by law.
The second type of official misconduct occurs when an employee of a law enforcement organization knowingly uses or provides information to an unauthorized recipient that was acquired in the course of employment, if the information is provided with the intention of obstructing or impeding the investigation, or interfering with the apprehension or prosecution of any person or criminal offense.
In addition to being charged with a class 3 felony, if convicted, the employee forfeits his or her employment. This is therefore a serious crime to be charged with, and it is important to have a knowledgeable criminal defense attorney at your side from the moment you are charged.
What is the Penalty for Being Convicted of Official Misconduct?
If convicted of official misconduct, you will be guilty of a class 3 felony. Under Illinois law, if convicted of a class 3 felony you can be punished with two to five years in prison. If you are convicted of an extended class 3 felony, then you can be sentenced to five to ten years in prison. You may also face fines and restitution if convicted. Continue reading
