Tag Archives: felony

St. Charles DUI defense attorney

In Illinois, it is against the law to be in actual physical control of a vehicle while under the influence of alcohol or drugs. If a police officer suspects you of drunk driving, you will likely be asked to complete a field sobriety test or breath test such as a Breathalyzer. If your blood alcohol content is 0.08 percent or more, or you show obvious signs of impairment, you face arrest and possible DUI prosecution. Criminal penalties for an Illinois DUI depend heavily on the circumstances of the alleged crime. If you or someone you know has been arrested for DUI, a criminal defense lawyer can help ensure that your rights are fully protected.

First-Time DUI Is Typically a Misdemeanor Charge

Most first-time Illinois DUI charges are Class A misdemeanors punishable by driver’s license suspension for one year, a fine of up to $1,000, and a possible incarceration period of up to six months. Unless certain aggravating circumstances were present, the majority of first-time DUI convictions do not result in significant jail time. Furthermore, you may be able to regain your ability to drive before the driver’s license suspension period ends via a Monitoring Device Driving Permit (MDDP) that will require you to use a breath alcohol ignition interlock device (BAIID). 

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St. Charles aggravated assault defense attorney

Under Illinois law, “assault” is defined as putting someone in reasonable fear of battery. Actions causing actual bodily harm or physical contact that is offensive, provocative, or unwanted can be considered battery. There are some circumstances that can cause an assault charge to be elevated to an aggravated assault charge. The criminal penalties associated with aggravated assault are much harsher than those for an assault charge. If you have been arrested and charged with aggravated assault, it is crucial that you speak with an experienced criminal defense attorney to learn about your defense options.

You Can Be Charged with Assault Even if You Do Not Physically Injure Someone

Most people assume that the word “assault” refers to punching, hitting, or otherwise injuring someone. However, you can be charged with assault for simply saying something threatening to someone or making a gesture that puts them in fear of being physically harmed. Assault is a Class C misdemeanor in Illinois, which is punishable by up to 30 days in jail, up to 120 hours of community service, and a fine of up to $1,500.

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Illinois criminal defense attorney, Illinois defense lawyerHaving a criminal conviction can impair your ability to get a job, rent an apartment, and receive funding for school. One study found that only 12.5 percent of employers would accept an application from someone with a criminal record. However, an Illinois law restricts when an employer may ask an applicant if they have a criminal record. Being convicted of a crime makes finding a job difficult, but not impossible, and the Job Opportunities for Qualified Applicants Act seeks to assist those convicted find employment.

Job Opportunities for Qualified Applicants Act

As of January 1, 2015, the Job Opportunities for Qualified Applicants Act (“the Act”) is in effect. The Act seeks to help qualified applicants get job interviews by restricting employers from asking about an applicant’s criminal record until the applicant receives an interview. Below are some key provisions of the Act.

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St. Charles defense attorney, Illinois juvenile defense lawyer, Illinois criminal defense attorney, Sometimes, when juveniles commit crimes that are serious and often times shocking, they can be tried as adults and face adult penalties. A recent case in Wisconsin is an example of this, where two young girls are accused of repeatedly stabbing a friend, trying to kill her in order to appease a fictional character from the internet. The crime has shocked many due to the severity of the crime, the youth of the offenders, and even the fact that both offenders are girls. If they are convicted of the crime, the girls face a possible prison term of 60 years or more.

Juveniles Sentenced as Adults

There are an estimated 1,200 people in prison in the United States serving life sentences after being tried, convicted, and sentenced as adults for crimes they committed as children. Prior the 2005 U.S. Supreme Court Decision in Roper v. Simmons, several states allowed the death penalty for children. These kinds of permanent disciplinary outcomes for children may seem harsh to some people who argue that these types of sentences do not give children a chance to learn from their mistakes and become more productive members of society. For some of the victims or their families, however, these sentences are in line with some of the heinous crimes committed. The United States is the only country in the world that incarcerates children for life.

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assault and battery, Illinios criminal defense attorney, Illinois defense lawyer,An Illinois man who was in criminal court for a routine appearance in an unrelated aggravated battery case is now facing additional charges after suddenly breaking free from the sheriffs who were leading him back to a holding area and pummeling the presiding judge. At this time, it is not clear what injuries the judge has sustained, but it is likely that even with the judge sustaining minor injuries, the man will face additional aggravated battery charges based on the victim being a judge.

Aggravated Battery in Illinois

In Illinois, aggravated battery is defined based on various categories based on the injuries the victim sustains, the use of a weapon by the person committing the battery, the location of the battery, or the status of the victim. Under the definition of aggravated battery based on the status of the victim, a person can be prosecuted for committing a battery knowing the victim to be a judge who is performing his or her official duties; to prevent the judge’s performance of his or her official duties; or in retaliation for the judge performing his or her official duties. The reason for the man’s actions has not been reported, however, the prosecution could argue that the man here committed a battery on the judge knowing him to be a judge performing his official duties. A battery is committed when a person intentionally or knowingly causes another person bodily harm.

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