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Category Archives: Criminal Law

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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Wheaton, IL criminal defense attorneyThere has always been some sort of tension between the general public and authority figures in the United States. The perception of law enforcement can quickly change when events such as police shootings take place or reports of police officer negligence are made available to the public. While an encounter with a police officer can be stressful and anxiety-inducing, it is important for you to know your rights in these situations. Improper actions could result in serious criminal charges, such as resisting arrest or noncooperation. Listed below are a few important facts you should know about interacting with the police:

  • You can get in trouble for resisting the officer. One of the worst things you could do when a police officer stops you is to not cooperate with him or her. After being stopped, it is okay to ask if you are free to go; if the officer says no, that means you are being detained or arrested. Being detained is not the same thing as being arrested, but compliance with the officer is still required. Noncompliance or directly disobeying an officer can result in criminal charges that carry fines or jail time.
  • There are certain questions that you must answer if police ask. Most people know that they have the right to remain silent if a police officer begins to ask questions. However, there are certain questions that may require an answer. For example, if you are detained or arrested, an officer may ask for your legal name, age, date of birth, address, or Social Security number. If you do not provide this information, additional trouble and delays in the arrest process may result.
  • Police must read your Miranda Rights. Although a majority of Americans may be aware of their Miranda Rights, there is often some confusion about the legalities attached to these rights. Police officers will have to read your Miranda Rights, but only after you have been arrested and before they begin to question you. Your Miranda Rights include your Constitutional right to remain silent, a statement that anything you say can and will be used against you, and your right to an attorney.
  • Your right to remain silent is a valuable tool. Once you have been read your Miranda Rights, you are not required to provide any information, even if police try to question you. In many cases, it is best to wait for your attorney before you speak. Any information that is revealed because of force by an officer may be inadmissible in court.

A DuPage County Criminal Defense Attorney Can Further Advise You

Being arrested can turn into a long and complicated process, even if you have not been charged or convicted of a crime. Any arrest will create a criminal record that can be seen on a background check. If you have been arrested in Illinois, you should contact a skilled Wheaton, IL criminal defense lawyer. Violations of proper procedures during an arrest could make any evidence or confession inadmissible. To schedule a free consultation, call our office today at 630-580-6373.

Sources:

https://www.isba.org/sites/default/files/publications/pamphlets/Arrested.pdf

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DuPage County criminal defense attorneyViolent crimes are serious charges that come with significant legal consequences. Many violent crimes can easily escalate to felony charges, which can mean expensive fines and lengthy periods of jail time. Sometimes, actions that led to assault or battery charges may have been taken to defend yourself against another person. The state of Illinois recognizes that you have the right to protect yourself, your property, or other people if there is a threat present. In certain situations, you have the right to perform an act of force that would otherwise be an illegal act if it was not done in self-defense. If you have been charged with a violent crime such as assault or battery, and you believe you acted in self-defense, you should seek immediate assistance from a criminal defense attorney.

Defending Yourself or Others

Illinois law allows you to use force against another person if you reasonably believe that the use of such force is necessary to defend yourself or another against a person’s imminent use of unlawful force. However, there are lines that you cannot cross if you plan on using self-defense as a legitimate explanation. To have a believable self-defense argument, you have to prove that:

  • A person used unlawful force to threaten you or another person;

  • The force you used was necessary to protect yourself or another person; and

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DuPage County probation violation defense attorneyFor many crimes, probation is a sentencing option that is given primarily to first-time offenders or offenders who do not have a history of violent crimes and whose crime did not involve violence. In Illinois, probation is used as an alternative to prison time, which promotes the offender’s rehabilitation and also attempts to reduce the rate of recidivism. The terms of probation vary, because many of the terms are decided on a case-by-case basis in order to provide a more individualized and tailored sentence. If you violate the terms of your probation, you could face unwanted consequences, and in some cases, you may even end up going to jail.

Probation Violation Notice

Everyone who has been sentenced to probation will be assigned a probation officer who helps guide them through the rehabilitation process. Once your probation officer learns that you may have violated your probation, he or she will then submit a petition for violation of probation to the clerk of the circuit court. The clerk will then send you a notice of this petition in the mail, along with a request that you attend the hearing for your violation. If you choose not to attend this hearing, there will be a warrant issued for your arrest.

Probation Violation Hearings

When it comes to probation violations, you are given the benefit of the doubt, since the burden of proof lies with the state. In other words, you do not have to prove that you did not commit the violation -- the state must provide a preponderance of evidence that supports the claim that you violated the terms of your probation. Once this evidence (or lack thereof) has been established, it is up to the judge to determine the outcome.

Possible Consequences for Probation Violations

Not all probation violation hearings will result in disciplinary action. If the judge determines that there is not sufficient evidence, you will not be found guilty of a violation. If you are found guilty, the judge then has to determine what your punishment will be. The judge can choose to:

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DuPage County marijuana possession lawyerIllinois became the 11th state to legalize the recreational sale and use of marijuana and marijuana products Friday. This was a historic moment in United States history, as Illinois passed the bill that permits both usage and sales of recreational cannabis entirely through legislation, rather than a voter referendum. The new law significantly alters how the state will handle cannabis. It will now treat it and tax it similarly to the way the state handles alcohol. Though recreational marijuana will be legal in Illinois, there are still rules that you must follow, otherwise, you face penalties.

When and Where Can I Buy Recreational Marijuana?

Beginning in January 2020, recreational marijuana will be available for purchase by any citizen over the age of 21 at any of the 20 medical marijuana dispensaries throughout the state. By mid-2020, additional licenses will be given to other recreational stores, processors and cultivators, though local governments have the power to decide whether recreational marijuana businesses operate in their area.

How Much Can I Buy/Possess?

Citizens are permitted to possess up to 30 grams of dry marijuana flower, which equates to around one ounce, or as much as can fit into an adult’s cupped hands. Citizens are also permitted to possess up to five grams of cannabis concentrate and up to 500 milligrams of THC in cannabis-infused products, such as tinctures or edibles. Visitors to Illinois are permitted to possess half of those amounts.

Where Can I Consume Marijuana?

You are permitted to consume cannabis in private residences or in some cannabis-related businesses. You are not permitted to consume cannabis if you are in a public place, including streets or parks, in a motor vehicle, on school grounds (unless you are a medical marijuana user) or around anyone who is under the age of 21.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
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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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