Tag Archives: Naperville criminal defense attorneys

Illinois criminal sexual assault defense lawyer

Criminal sexual assault is any act of sexual penetration in which the perpetrator uses threat or force; knows the victim is unable to give knowing consent; is related to the victim and the victim is over 18; holds some position of trust or authority over the victim who is age 17 or older; or is in supervisory care over the victim who is 13-17 years old. If you or someone you know has been charged with criminal sexual assault in Illinois, it is best to speak to a skilled criminal defense lawyer to plan your defense.

What Are the Punishments for Sexual Assault?

Charges for criminal sexual assault will vary, depending on the circumstances. A first offense is a Class 1 felony. However, if the perpetrator has a previous charge, he or she could face Class X felony charges, which could mean at least 30 years in prison. With a previous conviction of aggravated criminal sexual assault or predatory assault of a child, the punishment could be up to life in prison.

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Naperville criminal defense attorneys, jail house snitch reform, Illinois criminal defense, Senate Bill 1830, pretrial reliability hearings Lawmakers in the Illinois Senate have recently passed a bill that would better protect the innocent from convictions through protective measures. These measures are aimed at improving the reliability of jailhouse informant testimony.

Senate Bill 1830 requires that there be pretrial reliability hearings of an informant whom the prosecution plans to use, and whose testimony was gathered while that informant was detained with the defendant. There has been recent outcry about the use of jail house informants and their propensity to come up with exactly the type of testimony the state is seeking against a particular defendant in exchange for leeway in their own criminal case.

How Does This Law Protect the Innocent?

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mutilation, Naperville criminal defense attorneysTorture and mutilation are horrendous crimes in most people’s minds. However, movie scenes of medieval torture dungeons or psychopathic surgeons performing perverse procedures are not the only kind of mutilation in which a person can be charged. Far lesser offenses can fall under this category--offenses that many people are not even aware are illegal. Under Illinois statute 720 ILCS 5/12-10, the following acts are unlawful and fall under Illinois’ mutilation code.

Tongue Splitting

Tongue splitting is the procedure of cutting a person’s tongue into two or more pieces, with the person’s consent. However, unlike body piercing, it is unlawful for an individual to knowingly perform a tongue split unless that person is licensed to practice medicine under the Medical Practice Act of 1987 or the Illinois Dental Practice Act.

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Naperville criminal defense attorneys, felony theftPrison crowding is a problem in virtually every state, including Illinois. The cost of incarceration is incredibly high, and some believe that certain crimes are too harshly punished in the state of Illinois. One of those laws may be changed in the near future, as House Bill 337 proposes to change felony theft from stealing over $500 in property to over $2,000, according to Fox Illinois News.

Currently, according to Illinois statute 720 ILCS 5/16-1, stealing up to $500 in property, and not directly from a person, which is robbery, is a Class A misdemeanor. Stealing over $500 is a Class 4 felony, however. A Class 4 felony is punishable by one to three years in prison, while a misdemeanor is punishable by up to 12 months in jail and is a much lesser offense.

By increasing the felony threshold to $2,000, it “would put Illinois in line with many of the states around the Midwest and also states around the country,” according to proponent of the bill, Representative Elgie R Sims Jr. “Our state's criminal justice system does not recognize individuals who are a threat to public safety. “It incarcerates and incapacitates individuals because they have committed a crime—often times crimes of poverty.”

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Naperville criminal defense attorneys, open container lawIllinois’ laws surrounding alcohol and driving can be confusing, especially for residents who have lived out of state in the past, as each state has its own set of specific rules regarding alcohol. For instance, it is illegal to drive with an open container of alcohol in the state of Illinois. Illinois is one of 40 states that has such laws, while seven states have laws that prohibit only the driver, and not the passenger, from drinking while in a motor vehicle. Various other states do not have open container laws at all.

What Does the Law Specifically Say?

According to Illinois statute 625 ILCS 5/11-502, it is illegal for a driver to transport, carry, or possess any alcoholic beverage, including beer and wine, or to have it near the passenger area unless it is in its original container with the seal unbroken. The same laws pertain to the passenger of any motor vehicle, except when occupants of a limousine, motor home, or chartered bus. It is legal for a passenger to possess and drink from an open container of alcohol only when said limousine, motor home, or chartered bus is being used for its specific ordinary use. Additionally, the alcohol container is not permitted to be in the driver’s area. The alcohol must be separated from the driver by a closed partition or dividing window, and any evidence of consumption by the driver will be taken as prima facie evidence of violation of this statute.

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