Recent Blog Posts
Can a Minor Be Charged with Domestic Violence in Illinois?
Children learn from the early years of their life what is right and what is wrong. They do this by observing the behavior of their parents, or those adults closest to them. Therefore, if a minor is in a household that experiences acts of domestic violence, the child is more likely to mimic the behavior later in life. According to the Office of Women’s Health (OWH), more than 15 million children live in homes that have experienced domestic violence at least once. These children are more at risk for abusive acts that can lead to being arrested and charged with simple assault.
The Reality of Children Caught in Abusive Households
Illinois law defines domestic violence as any one member of a household causing injury by means of choking, biting, hitting and similar acts to any other member of the household including:
Who Is to Blame For Death By Drug Overdose in Illinois?
Illegal drug possession and use have climbed rapidly throughout the United States in recent years. The use of opioids has become more prevalent, and these drugs were responsible for 68 percent of fatal overdoses in 2017. According to the National Institute on Drug Abuse, approximately 47,600 people died in 2017 due to an opioid drug overdose. It is important to understand Illinois laws regarding the possession of illegal drugs in the event you are faced with such charges, even if you were simply a witness to an overdose and called for help.
Who Is to Blame For Overdose Deaths?
In Illinois, a person who sold the drugs that led to a fatal overdose can be prosecuted for drug-induced homicide. However, Illinois is also one of 40 states in the United States that upholds the Good Samaritan Law, which protects both the victim of the overdose and the person who calls the police for help from facing charges.
How Do I Defend Against Stalking Charges in Illinois?
A lot of people do not think of stalking as a form of domestic violence, but it can be just as devastating to a victim as physical abuse. Stalking can come in many different forms, especially now with the prevalence of electronic communication and social media outlets. Illinois law has different categories when it comes to stalking charges, but stalking is generally defined as engaging in conduct that makes another person, the victim, fear for his or her own safety and/or suffers emotional distress. Whether it be actually following someone or harassment through text messages, it is important to know how Illinois law defines the different types of stalking and their penalties if you are ever faced with this kind of charge.
Types of Stalking
The obvious form of stalking that everyone knows about is the act of one person following another from place to place with the intent to commit bodily harm or even kidnap the victim. However, Illinois also observes stalking as being any of the following:
Should I Refuse a Field Sobriety Test in Illinois?
Several things happen when a driver is pulled over under suspicion of driving under the influence in Illinois. After the police officer approaches the car, he or she may observe any unusual behavior or appearance of the driver. Officers will look for signs of drunkenness, including blood-shot or watery eyes, slurred speech, and the smell of alcohol. If the officer suspects impairment, he or she will ask the driver to exit the vehicle to perform a DUI field sobriety test. The officer can also administer a chemical test, but most of the time that kind of test is performed after a driver is taken into custody on suspicion of DUI and arrives at the police station.
What Types of Field Sobriety Tests Are Performed?
An officer may ask a driver to perform several different tasks during a field sobriety test, such as counting by fives or reciting the alphabet backward. However, there are three main types of standardized field sobriety tests that are recognized by the National Highway Traffic Safety Administration (NHTSA):
What Are the Illinois Laws for Owning a Gun?
Thousands of people from across Illinois flocked to Chicago’s Navy Pier to see this year's fireworks show in celebration of the Fourth of July. However, the booms of the fireworks were not the only noise present throughout the city. According to a report from the Chicago Sun-Times, 16 people were shot and two were killed in violent crimes that occurred in and around the city on Independence Day. One potential reason for the high number of incidents may be the increased consumption of alcohol over the holiday weekend. Regardless of the time of year, Illinois has several rules for firearms that are meant to keep people in the state safe. Violations of these laws can result in being charged with a weapons crime.
Who Can Legally Own a Gun?
What Are the Options For Defending Against Attempted Murder Charges in Illinois?
Murder is one of the most serious of all violent crimes. A person accused of taking the life of another person faces the possibility of life in prison. Even the accusation of an attempt to kill someone can result in serious punishments. In Illinois, there is a fine line between assault charges and attempted murder charges. However, they are very different in the severity of their punishments.
What Is the Difference Between Assault and Attempted Murder?
Assault is defined as the threat of inflicting bodily harm or offensive physical contact upon another person. This can be an action as simple as forcefully shoving someone or as serious as threatening someone else with a firearm. If convicted of simple assault, the punishment is a Class C misdemeanor resulting in a prison term of up to 30 days and a $1,500 fine.
What Are the Consequences of Kidnapping Charges in Illinois?
There are many different ways a person can be charged with kidnapping, and contrary to how it sounds, kidnapping can happen to both children and adults alike. An individual can be taken by someone he or she knows or does not know for ransom, or worse, to be tortured or killed. This is why kidnapping is considered a violent crime.
Illinois law defines kidnapping as a person knowingly doing any of the following acts:
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Secretly confining another person against his or her will.
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Forcibly transporting another person with the intent to confine him or her against his or her will.
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Inducing another person from one place to another with the intent to confine him or her against his or her will.
Is Recreational Marijuana Still Illegal in Illinois?
At the end of May, it was announced that Illinois lawmakers passed a bill that would legalize recreational marijuana use in Illinois. However, the law will not change until January 1, 2020. So the short answer is: Yes, recreational marijuana is still illegal in Illinois for now.
Possession of marijuana (as well as using, selling, and trafficking) is still punishable as a drug crime in Illinois for the rest of 2019. If someone is caught with marijuana, the punishment severity increases with the amount of the drug:
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Possession of 10-30 grams of marijuana is a Class A misdemeanor for first offenses punishable by one year in prison and a fine of up to $2,500. A subsequent charge is considered a Class 4 felony punishable by one to six years in jail and a fine of $25,000.
What are the Penalties for Assault Charges in Illinois?
According to Illinois law, a person can face assault charges if he or she takes part in an act that puts another person in danger of battery. Battery is defined as one person causing bodily harm to another person and making physical contact that is not authorized by another person. While the acts of assault and battery are alike, they are two separate violent crime charges in Illinois. A person can be charged with one or both of the charges, and they may face serious punishments as a result of these crimes.
How Does Aggravated Assault and Battery Differ from Simple Charges?
Aggravated charges of battery or assault result in more severe punishments, because the crime is considered worse than just a simple charge. According to Illinois law, aggravated battery is the act of causing bodily harm or permanent disfigurement to another person as a result of unwanted or confrontational physical contact. Someone can also be charged with aggravated battery or aggravated assault when:
Can You Be Convicted of Burglary Charges Without Property Theft?
In Illinois, burglary and robbery are two different offenses based on the situation. A person can be charged with robbery if property has been stolen from a home or business. According to Illinois law, a burglary charge is what is issued even if no property is taken.
Burglary is defined by Illinois law as entering a building, car, boat, airplane, or motorhome with the intent of stealing property. An act of burglary then becomes an act of robbery when property is physically taken by force.
Burglary Punishments
There are numerous ways a person can commit burglary, and each circumstance can result in a felony conviction. The severity of the punishment is determined by whether the alleged robbery damaged any property during the event.
- Class 3 Felony: Is charged when there has been no damage to a household, building, car, airplane, boat, or motorhome.
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