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Recent Blog Posts
When Do Illinois Domestic Violence Charges Become Felony Charges?
Domestic violence is a serious systemic issue that has plagued the United States for years. As a response, prosecutors and other law enforcement officials have taken an aggressive approach to combat the issue, but it still remains prevalent in the country. According to data compiled by The National Domestic Violence Hotline, around 29 percent of women and 10 percent of men have reported experiencing rape, physical violence, and/or stalking by an intimate partner. In Illinois, domestic violence is a crime that can be elevated to a felony, depending on the specifics of the case. Felonies are crimes that carry serious consequences, but an experienced domestic violence lawyer can help you form a solid defense.
Misdemeanor Domestic Battery Charges
According to the Illinois Criminal Code, domestic battery occurs when any person knowingly and without justification causes bodily harm to any family or household member or makes physical contact of an insulting or provoking nature. The first instance of this crime is charged as a Class A misdemeanor, which is the most serious classification of a misdemeanor in Illinois. Class A misdemeanors carry up to one year in prison and up to $2,500 in fines.
How to Interact With Police During an Illinois Traffic Stop
Being pulled over by the police is something that almost all of us will experience at some point in our lifetimes. Whether the stop is for something trivial, such as a broken tail light, or a violation that is more serious, such as aggravated speeding or DUI, it can be stressful no matter what. Much of the anxiety and uncertainty that comes from a traffic stop often stems from the lack of interaction and knowledge of what to do when interacting with police. Traffic stops can end up ultimately resulting in serious criminal charges for various things, including inappropriate interactions with officers. It is important for you to know how to responsibly handle a traffic stop if you are pulled over in Illinois.
Do Not Give Police Officers a Reason to Be Suspicious
Frequently Asked Questions About Illinois’ Sex Offender Registry
Most people know that when they are convicted of a crime, the conviction will likely affect their lives in some way in the future. When it comes to certain offenses, such as sex crimes, the effect on your future can be a bit more severe than other crimes. Much of this is due to the fact that a conviction for most sex crimes will typically require you to register as a sex offender. Being a registered sex offender means you could be limited as to where you can live and work and you could also be subject to other requirements. If you have been charged with or convicted of a sex crime in Illinois, you should be aware of how the state Sex Offender Registry works. Here are a few common questions about the Illinois sex offender registry and their answers:
What Offenses Would Require Sex Offender Registration?
Are “No-Knock” Search Warrants Legal in Illinois?
For anyone who finds themselves in trouble with the law, their involvement with the criminal justice system begins with an arrest. There are many rules governing arrests and how they must be performed, all to protect the constitutional rights of the arrestee, who is by default, innocent until proven guilty. Many defendants facing a variety of charges may find that they were the subject of a search warrant, which is a document that allows police officers to enter certain places to attempt to retrieve evidence. However, in recent months, a specific type of search warrant, dubbed a “no-knock” search warrant, has been facing extreme scrutiny across the country.
What Is a “No-Knock” Search Warrant?
If the police need more evidence to officially charge a person with a crime, they may ask a judge to issue a search warrant. However, to do so, they must know the location they are searching, what they expect to find there, and what evidence they believe ties the person to the crime. If the police have reason to believe that the suspect is violent or that evidence may be destroyed, they may ask the judge to allow a no-knock provision in the warrant. This would allow the officers to enter the premises without having to announce their presence.
Can I Claim Self-Defense if I Am Charged With Assault and Battery?
The fight or flight response is a natural response that the human body has to stress or outside stimuli to determine if you are going to flee from the impending danger or stay and fight. In dire situations, the will to stay alive is a primal instinct and would lead you to do things that you would not normally do, such as using extreme force. This is why self-defense laws exist, or in Illinois’ case, the justifiable use of force laws. If you have been charged with assault and/or battery in Illinois, you may be able to argue that your use of force was justified.
Illinois Self-Defense Laws
In some situations, it is necessary for you to use force against other people to protect yourself or your loved ones from harm’s way. Illinois law states that you are justified in your use of force against another person to the extent that you reasonably believe such actions are necessary to protect yourself from another person’s unlawful use of imminent force. However, there are limitations to self-defense laws.
What Are the Consequences of Unlawful Use of a Weapon in Illinois?
Across the United States, firearms and other weapons are highly regulated in an attempt to keep them out of the hands of wrongdoers and to keep citizens safe. The state of Illinois is no exception. Illinois has some relatively strict laws when it comes to the possession and use of firearms and other weapons. These laws exist as a means to protect people and to keep the community safe, which is why a conviction for unlawful use of a weapon charge has the possibility of resulting in a misdemeanor or even a felony charge in some situations. The severity of the charge will depend on the circumstances surrounding the incident, which is why it is important to discuss the details of your case with a skilled criminal defense lawyer.
What Constitutes an Illinois UUW Charge?
What Are the Consequences for Embezzlement Charges in Illinois?
When you think of crime in general, you likely think of weapons, drugs, or violence. However, there are many other behaviors and actions that also constitute criminal activity. While-collar crime, for example, is not typically a violent or destructive type of crime, but it is still considered unlawful activity and encompasses behaviors such as fraud and embezzlement. In the state of Illinois, white-collar crimes such as embezzlement are taken rather seriously and can carry severe and unfavorable consequences if you are convicted. White-collar crimes can often get complicated, which is why it would be smart to hire a skilled Illinois criminal defense lawyer.
Embezzlement Laws and Consequences
In the simplest terms, embezzlement occurs when a person misappropriates or fraudulently takes the personal property owned and entrusted to him or her by another person. The most common form of embezzlement is the misappropriation of money, but there are various types. This property can be either tangible or intangible property. Tangible property may include jewelry and vehicles, while intangible property could be money, stocks, and bonds.
What Are My Rights If I Have Been Arrested in Illinois?
In recent months, police officers have been placed under extreme scrutiny for the way that they treat civilians, specifically, people of color. Across the country, protests and marches have been taking place since late May in response to the death of George Floyd, an African American man who was killed during an arrest when an officer knelt on his windpipe for eight minutes. Though each police department has its own rules, there are certain regulations that all officers must abide by. Unfortunately, not all police officers are good people who follow the rules, resulting in illegal arrests, unlawful actions toward the suspect, and in extreme cases, death. The United States Constitution provides many of these rights if you have been arrested for a crime. It is important that you understand these rights, as they can be a useful tool when defending your criminal case.
Is My Illinois Criminal Record Eligible For Expungement?
Each and every time you come into contact with the criminal justice system, that interaction is noted and saved on your criminal record. This is true even if you are not convicted of the crime. If your criminal offense did not result in a conviction, your record will still exist and will still be following you around; however, you may be able to have your records expunged or erased. There are many situations and possibilities in which a case may end without a conviction, such as cases in which you were only arrested but were never charged or charges were eventually dropped. If you have a criminal record that you would like to conceal, you should speak with an Illinois criminal record expungement lawyer.
Does My Offense Qualify?
Not all criminal records are able to be expunged in Illinois. One of the first steps you need to take is to determine if your specific offense and sentence qualify to be expunged. Entries on your criminal record that will typically qualify for expungement include:
Assaulting a Worker for Enforcing Safety Rules Is Aggravated Battery
The coronavirus pandemic has been prevalent in the United States since mid-March, with cases reaching to more than 5.4 million across the country. Some of the only ways that have been shown to reduce the transmission of the virus have been by implementing social distancing measures and mask mandates in public places. There are currently only 34 states that have issued a state-wide mask mandate, though other states have cities that have issued such guidance or require citizens to wear masks while in stores. In recent weeks, there has been an increasing number of disturbing assault and battery incidents across the country related to employees attempting to enforce their company’s mask-wearing guidelines for patrons. In response to this, Illinois has now made it an aggravated battery charge to assault a retail worker for communicating safety restrictions.
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
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.
121 S. Wilke, Suite 301, Arlington Heights, IL 60005
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