Tag Archives: felony

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.

...
Continue reading

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.

...
Continue reading

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.

...
Continue reading

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.

...
Continue reading

Illinois defense attorney, Illinois criminal law, stealing, Not all theft-related crimes are created equal. At the most basic level, when a person takes something from another person without his or her permission with the intention to not return it, they can be charged with theft. There are several other ways by which a person can commit a theft in Illinois. If a person does certain other things in addition to simply taking something or trying to take something, they can be charged with either robbery or burglary. For some people, the difference between robbery and burglary may not be clear.

What is Burglary

A burglary has a lot to do with the location of the crime. Under Illinois law, a burglary occurs when a person knowingly enters a building, a boat, a car, or one of several other structures or parts of them, and remains there without permission and with the intention to commit a theft or another felony. Note that while a theft is explicitly mentioned in the statute, it is not the only qualifying crime that can turn entering into a building without permission into a burglary; any felony qualifies. For instance, if a person breaks into another person’s house without permission, with the intention of sexually assaulting the house owner, then the person breaking in may be charged with burglary.

...
Continue reading

Archives