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Rolling Meadows, IL criminal defense attorney

For every crime, there is an equivalent range of acceptable penalties that comes along with it when you are convicted. There are different types of felony and misdemeanor crimes that vary in severity, from a low-level Class C misdemeanor that carries up to 30 days in jail, to the most serious charge of them all, a Class X felony charge, which carries between six and 30 years in prison. Sentencing guidelines for crimes that are committed in Illinois vary and offer a range for which sentences are considered acceptable, meaning not everyone who is convicted of the same crime will necessarily receive the same sentence. There are many different factors that can affect the severity of your sentence, both positively and negatively. Focusing on the factors that could potentially reduce the severity of your sentence can greatly benefit you in the long run.

Factors in Mitigation

When it comes time to sentence you for the crime of which you have been convicted, the prosecution will have a chance to present a case as to why the judge should impose a penalty that is more severe. Once they are finished, your attorney will have the opportunity to argue why your sentence should be more lenient, mitigating the factors brought up by the prosecution. Depending on your situation, your attorney may use the following factors in mitigation:

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Rolling Meadows, IL criminal defense attorney

In the state of Illinois, there are hundreds of crimes that you could be accused of committing, ranging from petty traffic violations to serious felony offenses that could change your life forever. Depending on the severity of your case, the prosecutor will determine what kind of evidence he or she needs to build a case against you. Evidentiary items, such as specific objects, weapons, or even DNA are typically taken from the scene where the crime was alleged to have taken place. However, in many cases, the police may opt to search your home or even your vehicle if you are charged with a crime. Under the Fourth Amendment to the United States Constitution, each person has certain rights and protections with regard to searches and seizures. If those rights are violated, the validity of the evidence obtained during the search and seizure may become compromised. 

Issuing the Search Warrant

The right against an unreasonable search and seizure is one of the most basic rights awarded to every person in the country. In most cases, police almost always need a search warrant to enter and search your home. A search warrant is issued by a judge and contains information about a location that police are to search for evidence or for individuals connected with the crime. The warrant should describe the location of the objects that are meant to be seized and the actual object or person they want to seize.

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Rolling Meadows, IL criminal defense attorney aggravated sexual assault

Out of all of the crimes that you could be accused of committing, sex crimes are some of the most unforgiving and harsh offenses to face. Sex crimes, such as sexual assault, are some of the most underreported crimes ever, yet they still appear in alarming numbers across the country. According to FBI crime statistics, there were nearly 140,000 police-reported cases of rape and sexual assault across the country in 2019. Sexual assault is a serious crime and is punished accordingly in Illinois; however, charges can be elevated even more to felony charges in certain circumstances. 

Sexual Assault

According to Illinois law, sexual assault occurs when a person commits sexual penetration and the person uses force or the threat of force or knows that the victim is unable to give knowing consent to the act. Criminal sexual assault is typically charged as a Class 1 felony in Illinois, which carries a prison sentence of 4-15 years and up to $25,000 in fines.

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Arlington Heights, IL criminal defense attorney child endangerment

In today’s world, everyone is busier than ever, especially parents. Every second of every day seems to be filled with something, making it necessary to save time anywhere you can. In some cases, there just is not enough time to take your child in and out of their car seat every time you have to run an errand, especially if you are just making a quick stop, such as picking up prescriptions. According to Safe Kids, around 14 percent of parents have admitted to intentionally leaving their infants, toddlers, and kindergarten-aged children in a parked vehicle. While this may seem convenient to some, you could end up facing serious criminal charges in Illinois if you leave your child unattended in a vehicle. 

Understanding Child Endangerment Charges

According to the Illinois Criminal Code, child endangerment can be defined in two different ways. Child endangerment can mean:

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Rolling Meadows, IL criminal defense attorney 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. 

Violent Incidents Are Becoming More Frequent

Just this past week, there were a number of mishaps that took place at retailers and other establishments across the country between employees and customers over face masks. In one incident, a 17-year-old employee of Sesame Place, a children’s theme park outside of Philadelphia, was punched in the face by a man and a woman after the teen reminded them of the park’s mask policy. Other violent incidents include one in which another 17-year-old working as a hostess at Chili’s was assaulted after she informed a party of 13 that they were unable to be seated together because of social distancing guidelines.

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