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Category Archives: Criminal Law

Illinois criminal defense lawyersAssault of any kind is a serious offense in the state of Illinois, but the consequences will often depend on the severity of the charge. For example, is the charge related to assault charges or aggravated assault charges? Learn what the differences are between the two, including how they vary in terms of potential consequence, with help from the following information.

Assault in Illinois

The law states that assault is an act in which one causes another person to believe they may be at risk for battery (physical harm). There does not need to be any evidence of harm, nor is one required to make physical contact with a person to be accused of assault. Instead, one can be charged with this act by shaking their fist in someone’s face, threatening them with words or body movement, or otherwise causing them to fear they may be in danger of bodily harm.

Straight and basic assault charges are typically considered a Class C misdemeanor. Consequences may include imprisonment for up to 30 days, fines, and possibly even a no-contact orders with the victim. However, individuals who have previous convictions or are charged with aggravated assault may face more serious consequences if they are eventually found guilty.

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DuPage County criminal defense lawyersTechnology changes and evolves so quickly that law enforcement often struggles to keep up. However, most states do have at least some laws in place to protect potential cybercrime victims. Furthermore, the United States government regularly question, arrest, detain, and even convict individuals who are suspected of cybercrimes. Now, with the announcement from Deputy Attorney General Rod J. Rosenstein, there may be even more cybercrime arrests.

The Crackdown on Cybercrime

In an August 29, 2017, press release, the Department of Justice announced that it had strengthened its ability to press charges against individuals suspected of cybercrimes. A full cybercrimes lab and over 45 different attorneys will be working to bring them down. What sorts of crimes will they be investigating, and what might it mean for you or a loved one if you become suspect in a cybercrimes case? The following explains further.

What Are Cybercrimes?

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DuPage County criminal defense lawyerFacing criminal charges can be a frightening and confusing event. Thankfully, much of the fear and confusion can be mitigated against when you know your legal rights. Learn more about them in the following sections, and discover what an experienced criminal defense lawyer can do for you or your loved one in a pending criminal charges case.

Your Right to Be Treated as a Non-Guilty Person

The law states that you are innocent until proven guilty, which essentially means you are not to be treated as a guilty person while awaiting trial, no matter how incriminating the evidence against you seems. Law enforcement cannot punish you or treat you unfairly. They may not physically attack you, and they cannot treat you inhumanely. You must be supplied with basic life necessities, such as food and water. In addition, law enforcement cannot continue to detain you past the state-appointed time limit if they do not have enough evidence to prosecute.

Your Right to Remain Silent

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DuPage County criminal defense lawyersIn 2015, more than 1,000 non-violent, low-level offenders spent more time in jail than they were sentenced to serve. The reason? They did not have the money to post bail. To keep this from happening any longer, and to ultimately reduce the overpopulation of local jails and prisons, Governor Bruce Rauner signed the Bail Reform Act into law. What is this new law, and how might it affect your criminal charges case? The following explains.

Cash Bail No Longer Required for Some Offenses

Criminal justice reform advocates have been criticizing the state’s bail system for some time now, calling it unfair to Illinois’ poorer and disadvantaged communities. Most could not afford the 10 percent down payment needed to meet bail. Instead, they would be forced to spend weeks, sometimes months incarcerated for non-violent or low-level crimes.

Now, under the new law, some low-level offenders may be given a non-monetary bail such as a stay-away order, drug or alcohol counseling, curfew, in-person reporting, or electronic home monitoring. If by chance, the individual is given a monetary bail amount that they cannot afford to pay, they are permitted to request a rehearing of their bail. That rehearing must be provided to them within seven days of the request.

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DuPage County criminal defense lawyersAssault charges are considered a Class C misdemeanor in the state of Illinois. They can result in fines, fees, and imprisonment. In addition, your reputation, employment, and housing may be at risk. Learn more about the potential consequences of an assault charge in Illinois, and discover how an experienced criminal defense attorney can help you fight against them.  

Defining Assault Charges

Often, defendants assume they can win their case because they did not physically attack another person. Unfortunately, this is not always the case. In fact, assault charges do not have to include physical contact with another person. Instead, you can be charged with assault, simply for causing someone to believe they are at risk of physical harm. Examples might include shaking your fist in someone’s face or throwing an object in the direction of another person with the intent to threaten. Aggravated assault is a heightened offense, and it involves threatening another person with a deadly weapon (i.e. knife, gun, vehicle, etc.).

Criminal Consequences of Conviction

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