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Understanding Aggravated Battery in Illinois: Exploring Key Aspects

 Posted on August 07,2023 in Criminal Law

IL defense lawyerAggravated battery is a violent crime that encompasses various violent acts committed in Illinois. Today, we will look at the definition, elements, and potential penalties surrounding the offense of aggravated battery. Understanding these crucial aspects can help individuals navigate the legal system more effectively. If you have been charged with a violent crime, contact a criminal defense lawyer at once, as failing to do so will likely result in negative consequences, both legally and personally. 

Definition and Elements of Aggravated Battery in Illinois

Aggravated battery is a criminal offense involving intentionally causing bodily harm, permanent disability, or disfigurement to another person. It refers to a battery with specific aggravating factors that escalate its severity. These factors may include the use of a dangerous weapon, strangulation, causing harm to specific vulnerable populations such as children, individuals over 60, or attacking someone who is visually impaired or otherwise disabled. The essence of aggravated battery lies in the intention to cause significant harm or escalate the harm further by specific actions or by whom the perpetrator targets. If the prosecution can prove beyond a reasonable doubt that the alleged crime included these various factors, that accused may be found guilty of aggravated battery.

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Driving While High on Marijuana vs. Driving Drunk

 Posted on August 01,2023 in Criminal Law

b2ap3_thumbnail_drunk-driving-DUI-interstate.jpgWith the changing landscape of marijuana legislation nationwide, questions arise about its impact on traffic safety. In Illinois, where both recreational and medicinal use of marijuana is legal, it is important to understand the legal implications of driving under the influence. Today, we will examine whether driving while high on marijuana is the same offense as driving drunk in Illinois. If you are facing charges related to drunk or drugged driving, contact an experienced criminal defense attorney to get the legal assistance you need.

Legal Framework

In Illinois, driving under the influence (DUI) is a severe offense that encompasses both alcohol and drug impairment. However, the legal standards for marijuana DUI differ from those for alcohol-related DUI. The primary distinction lies in the testing methods and threshold levels for impairment.

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What Constitutes a Home Invasion in Illinois?

 Posted on July 21,2023 in Criminal Law

IL defense alwyerFrom a criminal defense standpoint, understanding the intricacies of home invasion laws in Illinois is instrumental in defending individuals accused of this very serious offense. Home invasion charges can have severe consequences, making it crucial for defense attorneys to navigate the legal terrain and present a robust case on behalf of their clients. Today, we will examine what constitutes a home invasion in Illinois, highlighting essential elements and defense strategies to consider.

Contesting Certain Elements of Home Invasion Charges

Illinois law requires that the prosecution prove specific elements beyond a reasonable doubt to establish a home invasion charge. These elements typically include:

  • Entry without authorization – The defense may challenge the prosecution’s claim that the entry was unauthorized. This could involve highlighting possible consent from the homeowner or individuals with authority over the dwelling. Demonstrating that the accused reasonably believed they had lawful authority to enter may be a viable defense strategy.

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Does Domestic Violence Always Include Physical Violence?

 Posted on July 14,2023 in Criminal Law

IL defense lawyerDomestic violence remains a significant concern in society, and it is commonly associated with physical harm. However, it is important to remember that domestic violence does not always include physical violence. Today, we will explore the legal aspects surrounding domestic violence cases and shed light on instances where physical violence is not the sole determinant of domestic violence. If you have been charged with any form of domestic violence, contact a criminal defense right away, as your freedom may be in serious jeopardy.

Exploring Non-Physical Forms of Domestic Violence

While physical violence is often the most visible aspect of domestic abuse, it is crucial to recognize that it can extend far beyond physical harm. It is important to consider these non-physical forms, as they may be present in certain domestic violence cases, including:

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Examples of Property Crimes in Illinois: A Brief Overview

 Posted on July 08,2023 in Criminal Law

IL defense lawyerProperty crimes in Illinois encompass a broad range of illegal activities committed against personal or real property. These criminal offenses include theft, burglary, arson, vandalism, and trespassing, among others. Understanding the different examples of property crimes in Illinois is essential for the public and people who have been charged with such crimes and are thus involved in a criminal law proceeding. If you live in Illinois and have been charged with a property crime, contact a criminal defense attorney to fight the charges and to pursue a satisfactory case result.

Prevalent Property Crimes in Illinois

Here is a brief overview of common property crimes, including:

  • Theft – This occurs when someone intentionally takes another person’s property without their consent and intends to deprive them of it permanently. Examples include stealing a person’s car, shoplifting from a store, or embezzling funds from an employer. Theft crimes in Illinois are often classified based on the value of the stolen property, with penalties ranging from misdemeanors to felonies.

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Should I Talk to Friends and Family About My Criminal Case?

 Posted on June 27,2023 in Criminal Law

IL defense lawyerMany people may feel inclined to reach out to their friends and family members for support and guidance when confronted with a criminal case. While it is not illegal to talk about your case with loved ones, it is important to exercise caution when doing so. If you are facing criminal charges, contacting a defense attorney is the wisest thing you can do, as they will provide you with the legal guidance you need to pursue a positive case outcome.

What to Keep in Mind During This Time

Here are some factors to consider before discussing your criminal case with friends or family:

  • Privileged communications – The privilege of keeping communications confidential or secret applies in different circumstances, such as with your attorney, spouse, and legally recognized healthcare professionals. Communications with friends and family members typically do not offer the same level of protection. Friends and family are not automatically protected under the privileges recognized by the courts. Therefore, if they are asked under oath to give evidence about communications they have received from you, they may be required to disclose what you told them. If the communications between you and your family or friends are disclosed as evidence, it could potentially harm your case.

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Understanding How Social Media Can Affect Criminal Proceedings

 Posted on June 21,2023 in Criminal Law

IL defense lawyerIn recent years, the prevalence of social media has become impossible to ignore. Millions of people use these platforms, from Facebook to Twitter, Instagram to Snapchat, to connect with friends, share their lives, and engage with the world around them. But social media can prove to be a double-edged sword for those facing criminal charges. On the one hand, it can offer a window into the lives of key witnesses; on the other hand, it can also provide prosecutors with evidence that can be used against them in court. If you are facing criminal charges, contact a defense attorney to ensure your best interests can be safeguarded as you fight the charges against you.

Domestic Violence and Social Media

One area of criminal law where social media has played an increasingly important role is domestic violence. In many cases, the online activity of both the alleged sufferer of the violence and the accused can be used to support or challenge the allegations being made. For example, someone may try to use social media to post about the abuse they have endured, either as a way of seeking support or as evidence in a court case. Similarly, the accused party may use social media to defend themselves or to cast doubt on the sufferer’s credibility.

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Why You Should Consider Fighting Your Traffic Ticket in Court

 Posted on June 09,2023 in Traffic Violations

IL defense lawyerIf you have ever been pulled over for a traffic violation in the state of Illinois, you are not alone. Each year, thousands of drivers receive traffic tickets for a variety of offenses, from speeding to running a red light. While many people assume that paying the fine and moving on is the best course of action, there are several reasons why you should consider fighting your speeding ticket in court. If you are considering fighting your speeding ticket, contact a traffic violations attorney who will be an invaluable resource in traffic court and during the whole process.

Speeding Laws in Illinois

There is no question that the price of a speeding ticket is rising, and it is rising fast. In Illinois, if you are clocked traveling just 1-10 mph above the speed limit, you could be looking at a fine of $75. Meanwhile, between 11-14 mph over the speed limit could result in a fine of $85. 15-25 mph may result in a fine of $95, and so on. You may be surprised to learn that if you are traveling 25-35 mph over the speed limit, you could be looking at a Class A misdemeanor. It is also worth noting that these fines do not include the penalties for location-based speeding, such as in a school or construction zone.

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When Does DUI Become a Felony in Illinois?

 Posted on June 08,2023 in DUI

IL DUI lawyerDriving under the influence (DUI) is an offense that is not taken lightly in Illinois, as a conviction can result in grave legal consequences, such as fines and jail time. Usually, a first or second DUI offense is considered a misdemeanor, but there are circumstances under which they can be escalated to a felony. Therefore, it is crucial to be aware of these circumstances to make informed decisions if you are facing DUI charges. If you have found yourself in this situation, contact a criminal defense attorney right away, as failing to do so may increase the chance of a negative case outcome.

Everything You Need to Know About Felony DUI in Illinois

The most common way in which DUIs become felonies in Illinois is by being classified as aggravated DUIs. Several factors can lead to a DUI being charged as aggravated, including:

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I Got into a Bar Fight and Was Charged with Assault. Could I Go to Prison?

 Posted on May 31,2023 in Criminal Law

IL defense lawyerBar fights can easily escalate from a minor dispute to a serious crime. If you were in a bar fight and charged with assault, you are likely wondering about your legal options and whether you could go to prison if convicted. As you face these charges, contact an experienced criminal defense lawyer, as violent crimes such as assault are often prosecuted aggressively, which makes retaining counsel an essential thing to do at this time.

What You Need to Know About Assault in Illinois

In Illinois, assault is a Class C misdemeanor and can result in up to 30 days in jail and a fine of $1,500. However, suppose the assault allegedly happened on public property. If this is the case, you could be charged with aggravated assault, which, at its most basic form, is classified as a Class A misdemeanor, punishable by one year in jail and fines up to $2,500. Moreover, if the assault involved using a deadly weapon or resulted in serious bodily harm, this can also be charged as aggravated assault. However, in cases involving a deadly weapon or serious bodily harm, the penalties of the crime are enhanced to being a Class 4 felony, punishable by up to three years in jail and $25,000 in fines.

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