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Category Archives: Criminal Law

DuPage County criminal defense attorney domestic abuse

Domestic disputes are an unfortunate reality of many people’s lives. Spouses, romantic partners, parents, children, or other family members often get into arguments, and these sometimes escalate to the point where one or more of the people involved do not feel safe. This has become even more of a concern during the COVID-19 pandemic, since many families have been required to remain at home to prevent the spread of infection, and this close, constant proximity may lead to increased tensions between family members. When this is added to stress from the loss of a job, the requirement to provide childcare for children who cannot physically attend school, and other factors, it is no surprise that the rates of domestic violence have increased during this public health crisis.

An accusation of domestic violence can affect a person’s life in a variety of ways. In addition to potential criminal charges, an order of protection may also be issued, and this can have far-reaching consequences on the life of the accused, as well as other family members. It is important to understand how Illinois law approaches domestic violence and the steps a person can take to defend against these types of allegations.

Criminal Charges: Domestic Battery and Aggravated Domestic Battery

Accusations of domestic violence do not always lead to criminal charges, but when they do, the specific crime that a person may be charged with is known as domestic battery. This crime is typically charged if a person is accused of knowingly causing bodily harm to a family member or a person in one’s household. However, it can also apply in cases involving “physical contact of an insulting or provoking nature,” which may include slapping, shoving, or simply poking a finger in someone’s chest. 

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DuPage County criminal defense attorney traffic violation

Getting pulled over when you are driving is never a good feeling. You may be worried about the ticket price of the traffic violation or be concerned about the other consequences that may follow. As of late, Americans have become increasingly concerned about their personal safety during interactions with law enforcement. With racial tensions at an all-time high and police-civilian interactions especially contentious, routine traffic stops can make many drivers more nervous than normal.

When being pulled over, it is important to remember that police officers are equally as cautious about potential dangers as the driver. Police officers risk their lives on a daily basis, and many have seen their friends and co-workers get severely or fatally injured while on the job. In order to put both the police officer and driver at ease, it is important that Illinois drivers adhere to the following guidelines.

How to Interact With an Officer

The way that you engage with a police officer as he or she approaches your vehicle can quickly determine how smoothly your interaction will proceed. Depending on your tone, attitude, and actions, your conversation with the police officer can end with a warning, ticket, or arrest. In order to avoid escalating your interaction with the officer, consider the following guidelines:

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DuPage County juvenile crimes defense attorney

Underage drinking is all too common in today’s world. According to reports from the National Institute on Alcohol Abuse and Alcoholism (NIAAA), 58 percent of teens have had a drink by the time they reach the age of 18. This may be a result of high school parties in which alcohol is present or it may be attributed to moving away from home and going to college by the age of 18. Regardless of when it starts, binge drinking is extremely common between the ages of 12 and 20, forming bad habits before juveniles even reach the legal drinking age. Those individuals under the age of 21 often fail to recognize the ramifications that underage drinking can have on their future and their criminal record. Criminal charges may include alcohol consumption, but there are also a number of offenses that do not require any alcohol to be consumed.

False Identification and Purchasing Alcohol

These are two separate alcohol charges that are often tied together in Illinois. Many young adults may use an older sibling’s ID or have one made that states that they are 21 years old. This can allow those under the age of 21 to enter bars or purchase alcoholic drinks. Although more common with college students, high school students have also been known to use this tactic to obtain alcohol without their parents’ knowledge. Having a fake ID or lending your ID to someone underage is considered a Class A misdemeanor, punishable by up to $2,500 in fines and one year in jail. Purchasing the alcohol in itself is a Class A misdemeanor with a minimum $500 fine. In other words, having a fake ID can often lead to additional criminal charges.

The Possession of Alcohol

The consumption of alcohol is not required for young adults to face alcohol-related charges in Illinois. If those under the age of 21 are found with alcoholic beverages in their possession, they may have their driving privileges suspended for up to one year. This is also true for any minors found transporting alcohol in their vehicles. They will automatically lose their license for one year and may face a $1,000 fine. This charge applies to anyone in the vehicle who is underage, not just the driver.

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Wheaton sex crimes defense attorney

In the early 1970s, the federal government passed the Education Amendments of 1972, the most well known of which is Title IX. Title IX is the federal law that prohibits discrimination on the basis of sex in higher education. One of the major issues that Title IX combats is how cases of sexual assault are handled when they arise on college campuses. Unfortunately, violent crimes on college campuses are not uncommon. According to the Rape, Abuse & Incest National Network (RAINN), around 11 percent of college students become victims of sexual violence while they are in school. Because of this, sexual violence at colleges and universities is taken very seriously. In Illinois, a person who is charged with a sexually violent crime, such as sexual assault, may face prison time, fines, and other penalties, including the requirement to register as a sex offender in some cases. If you have been accused of sexual assault, an Illinois criminal defense lawyer can help you navigate your case.

Understanding Title IX

Title IX is the law responsible for prohibiting any kind of sex discrimination in educational institutions that receive federal funding. Prior to the early 1970s, there was a huge inequality between the way men and women were treated in higher education. These disparities encompassed everything from employment in universities to funding and availability for women’s athletic programs. In addition to addressing these matters, Title IX helps regulate how sexual assault and harassment are addressed in educational institutions.

Recent Changes to Title IX

One recent major change to Title IX involves how incidents of sexual misconduct will be handled in educational institutions. Prior to the changes, one person was able to conduct the investigation, decide what evidence to use in the case, and make a recommendation as to what the outcome of the case should be. Under the new rules, which go into effect in August of 2020, the person who determines the outcome of the case must be a different person than the individual who investigated the case. Also, now an outcome may only be determined after a hearing has taken place, and at this hearing, the person accused of the misconduct will have the opportunity to defend himself or herself.

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DuPage County aggravated assault defense attorney

Being charged with any type of violent crime in Illinois can be a scary situation. The uncertainty of the outcome of your case can be a major source of stress for you and your family. Assault and battery are two of the most common violent crimes that occur in Illinois. Depending on the circumstances of the case, you could face a felony charge and many years in prison if convicted. When you are accused of using a weapon during an assault or battery, your penalties often change and become even more serious. The use of a weapon almost always classifies assault and battery charges as aggravated assault or aggravated battery, both of which come with severe criminal consequences.

Aggravated Assault Charges

Assault is a crime that occurs when a person does something that makes another person reasonably believe that he or she will be physically harmed. Typically, basic assault is classified as a Class C misdemeanor. However, when a person uses a firearm or other weapon during the assault, the charge is elevated to aggravated assault.

If the weapon was not fired during the assault, it is typically charged as a Class A misdemeanor, which carries up to one year in prison and up to $2,500 in fines. If the weapon was fired during the assault, it is charged as a Class 4 felony, or a Class 3 felony if the weapon was fired from a motor vehicle. Class 4 felonies carry a possible sentence of one to three years in prison, while Class 3 felonies carry a possible sentence of two to five years in prison. All felonies have a possibility of carrying up to $25,000 in fines.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.

 

 

 

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