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Recent Blog Posts
What Are Mitigating Factors in Illinois Crimes?
In Illinois, after you have plead guilty to a crime or been convicted at trial, what is known as the sentencing phase of your case begins. During sentencing, the court will look over the facts and circumstances surrounding your crime and decide what sentence is appropriate. “Mitigating factors” are circumstances that suggest a crime was not as serious as the charge implies or a harsh sentence is not warranted. When successfully argued, these factors may lead to a lighter sentence. If you are facing felony or misdemeanor charges, it is important that you work with an experienced attorney who can present any mitigating factors that may help you avoid harsh sentencing.
Examples of Mitigating Factors in Illinois
During sentencing, the prosecutor will present any aggravating factors - circumstances that make the crime more serious. Your attorney will then have the opportunity to present mitigating factors. When present, mitigating factors can influence the court to reduce your sentence. In some cases, substantial mitigating factors can lead to the court reducing jail time or ordering probation, treatment, or other sentences that do not include incarceration. Mitigating factors in Illinois include:
What Are Aggravating Factors in Illinois Crimes?
In Illinois, once you have plead guilty to or been convicted of a crime, the case moves into the sentencing phase. During the sentencing phase, the prosecution will have the opportunity to present what are called “aggravating factors.” Aggravating factors are circumstances that make the crime more serious and may cause a judge to issue a harsher sentence. If you are facing the possibility of a felony or misdemeanor conviction where aggravating factors may be present, you will need an experienced attorney to give you the best chance at avoiding harsh sentencing.
Examples of Aggravating Factors
For each criminal charge, there are factors that are not needed to secure a conviction but do make the courts consider a given crime more serious. The more aggravating factors that are present, the harsher a sentence the judge may issue. Some common aggravating factors include:
What is the Difference Between Assault and Battery?
Assault and battery are two separate crimes in Illinois, although they are often charged together. In short, battery is making physical contact with someone in a way that causes harm to them or is insulting and designed to provoke them. Assault is causing someone to believe that you are about to batter them.
Either can be charged as a felony or as a misdemeanor depending on the level of harm caused or the presence of aggravating factors, such as the use of a firearm. If you have been charged with any form of battery or assault, you will need a skilled criminal defense lawyer to protect your rights and fight to minimize any consequences.
Understanding the Difference Between Assault and Battery
Often, a person is charged with both assault and battery. However, the two legal terms mean different things and can be charged separately as well. If you have been charged with one or the other - or both - you may be having trouble understanding what each means. Here are some reasons each may or may not be charged:
Can I Refuse to Submit to a DUI Breathalyzer Test in Illinois?
Getting pulled over by Illinois state or local police can be a scary and unpleasant experience, and this is especially true if an officer suspects you of driving under the influence. It can be difficult in the heat of the moment to remember or understand your rights, and you may reasonably wonder: Can I refuse a breathalyzer or sobriety test if I’ve been pulled over?
What is Implied Consent?
Different states have different laws addressing requirements and consequences for people suspected of driving under the influence. Illinois is called an “implied consent” state, which means that when you got your driver’s license, you agreed you would consent to give an officer a blood or breath sample to assess your blood alcohol content during a lawful request.
However, implied consent is not the same thing as actual consent. To begin with, the implied consent law only applies after you have been arrested on suspicion of a DUI. You do not face any consequences for refusing a breathalyzer test prior to an arrest, even if a police officer says otherwise.
Is Getting a Driver’s License Suspended and Revoked the Same Thing?
Being able to drive is one of the most important privileges we use every day. Getting to work, taking kids to school, and buying groceries all rely on the use of a car. Losing the ability to drive because of a driver’s license suspension or revocation can be annoying at best, and financially crippling at worst.
Although a driver’s license suspension and a revocation may seem similar, they are two different penalties and result in different consequences. This article looks at the difference between a suspension and a revocation, but your attorney is the best source for answers to your questions.
Driver’s License Revocations
A driver’s license revocation is generally given to someone who commits a serious traffic violation. These include, but are not limited to:
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Abandoning the scene of an accident that resulted in an injury or death
What are the Charges for Illinois DUIs Resulting in Death or Injury?
People driving under the influence of drugs or alcohol cause a disproportionate percentage of road accidents every year. Although many of these car crashes involve only the intoxicated driver and their vehicle, sometimes other drivers and passengers are injured or killed as well. When an intoxicated driver hurts or kills another person, the charges for driving under the influence are increased and a conviction can result in severe consequences that could impact the driver for the rest of his or her life.
This article examines the likely consequences of various types of harm caused by an intoxicated driver in Illinois. If you were involved in a DUI accident, seek legal representation immediately.
DUI Accidents Resulting in Serious Injuries, Disfigurement, or Disability
DUI accidents that result in serious bodily injury, permanent disfigurement, or permanent disability can result in an aggravated felony DUI charge. Aggravated felony DUIs charges range from a Class 4 felony to a Class X felony, depending on the circumstances. Class 4 felonies, the least serious type of felony charge, still carry penalties of one to four years in prison, a driver’s license revocation of at least two years, and up to $25,000 in fines. Class X felonies, the most serious type of felony charge, allow for a sentence of up to 30 years in prison and as much as $25,000 in fines.
What Happens if I Am Convicted of a Sex Crime in Illinois?
Sex crime convictions are among the most serious and long-lasting convictions in Illinois criminal law. Convictions for some sex crimes carry the life-long labels of “felon” or “sex offender.”Registered sex offenders have strict limitations on where they can live and work and other behavioral restrictions based on their conviction. If you have been accused of a sex crime, it is crucial to get legal representation immediately and understand what happens if you are convicted.
Will I Have to Register as a Sex Offender?
Illinois requires persons convicted of many sex-related crimes to register as sex offenders. Some examples of crimes that require sex offender registration include, but are not limited to:
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Possession and/or distribution of child pornography
What Is Home Invasion?
In Illinois, police and prosecutors are very careful before they label a crime a home invasion. Part of the reason is invading a person’s home is one of the worst crimes you could commit and therefore, it has some of the harshest penalties. Another reason is that “home invasion” has a very specific definition and multiple elements. So, what is a home invasion?
Home Invasion Under Illinois Law
A home invasion is similar to a burglary in that you enter a person’s home without authorization but that is where the crime begins to deviate. Unlike a burglary, a home invasion is considered a violent crime because the purpose of entering the home is to cause harm to someone who lives there.
According to the Illinois Criminal Code, a home invasion is when someone enters a person’s home knowing that they are home and the alleged offender:
What’s the Difference Between Assault and Battery?
Sometimes, the terms assault and battery are used interchangeably. People use both terms to refer to a physical attack of some kind. However, in Illinois, assault and battery are different offenses with different legal definitions. These offenses also have much different punishments. So, what is the difference between assault and battery in Illinois?
Assault Laws in Illinois
To assault someone in Illinois means you put a person into a position to think or feel that they are about to receive a battery. For example, if you threaten to punch someone and cock your fist back in preparation for throwing a punch, you could be charged with assault. Assault in the Prarie State is considered a Class C misdemeanor and could result in up to 30 days in jail and a $1,500 fine.
Additionally, you could be charged with aggravated assault if you use a weapon or threaten a protected class like a police officer, teacher, handicapped person, or elderly citizen. If you are convicted of aggravated assault, how you are charged depends on the details of the incident and your criminal background. You could be charged with a Class A misdemeanor or Class 3 Felony. In turn, you could be sentenced to less than a year in jail to 10 years in prison.
Is It Legal To Transport Marijuana In Your Car In Illinois?
Since Illinois legalized recreational cannabis on Jan. 1, 2020, the industry has been booming. In fact, the state earned approximately $52 million in tax revenue in the first six months. Since then, more than 50 marijuana recreational and medicinal dispensaries have popped up across the state. The Illinois Cannabis Regulation and Tax Act is still a relatively new law that some people may find confusing. If you live in Illinois, it is important to know the laws regarding the purchase, use, and transportation of marijuana. Violating cannabis-related laws can lead to drug charges.
Cannabis Laws in Illinois
In some ways, cannabis laws parallel alcohol laws in Illinois. You have to be a certain age to possess and use marijuana. You cannot smoke or consume marijuana while operating a vehicle and driving under the influence of marijuana can lead to DUI charges. With that said, let’s get into specifics.
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Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
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