CHICAGO (FOX 32 News) - A kick in the shins may send a Chicago woman to prison for at least six years.
"Man, it's going to hurt. It's going to hurt," said defendant Tina Hunt.
Hunt, 49, is facing from 6 to 30 years in prison for a crime her attorney says deserves nothing more than probation.
"This was a kick to the shin that caused no injury," said defense attorney Jeff Neslund.
The thing is, the person Hunt kicked was a Cook County sheriff's deputy. It happened at 26th and California after Hunt was arrested and handcuffed for being disruptive. Counting earlier convictions for armed robbery and robbery, this is Hunt's third violent felony, which means the state's "three strikes" law mandates a sentence of at least six years.
But those earlier "two strikes "were 19 and 29 years ago, and Hunt's attorney says they shouldn't require such a stiff sentence now.
"To just automatically, without any other consideration, just factor that in, well this is your third strike, you gotta go, without considering how long ago those prior felonies took place, is just wrong," Neslund said.
Neslund also says this was really nothing more than a misdemeanor for resisting arrest. Prosecutors declined comment, but the sheriff's department disagreed. .
"Her behavior that day was exceptionally disruptive to the courthouse," said Sheriff's Chief of Policy Cara Smith.
Smith says protecting courthouse personnel is important, and it's Hunt's own criminal past that's left her facing a lengthy sentence.
"This is someone who has made a career of being involved with the law, and unfortunately was convicted of this offense and will be sentenced for it eventually," Smith said.
"Right now, I got faith in God that it's going to work out for me. That's my only hope," Hunt added.
Hunt was expecting to be sentenced Wednesday, but prosecutors asked for more time to respond to the latest defense arguments. Sentencing is now set for March 10.