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Tag Archives: Illinois felony

DuPage County drug crimes defense attorney

Since the 1970s, the federal government has been running what has been dubbed the “War on Drugs.” This movement began decades ago but is still evolving today. Around the time the War on Drugs was declared, the federal Controlled Substances Act was signed into law, creating “schedules” of different drugs based on their purported medical use and potential for abuse. States followed by creating their own criminal laws concerning controlled substances, with many of these laws criminalizing possession as well as the sale of certain drugs. Depending on the circumstances, these offenses can be charged as felonies. However, in some situations, probation may be an option. 

What Constitutes a Felony Charge?

In Illinois, it is not uncommon for a drug possession charge to be classified as a felony. Marijuana is still federally illegal, but recreational cannabis is now legal to purchase, possess, and use in Illinois. Other controlled substances, however, are not legal, possession of these substances can result in criminal charges. You could be charged with felony possession of a controlled substance for:

  • 15 grams or more of LSD, heroin, cocaine, or morphine

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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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DuPage County probation attorneyWhen you find yourself in trouble with the law, there are dozens of outcomes that could arise from an arrest and conviction. Most of the time, the biggest fear offenders have is going to jail, but not all crimes carry prison sentences. Even if you are convicted of a crime that carries prison time, you will not necessarily be sentenced to prison time. 

One of the more favorable outcomes of any criminal conviction is probation. Probation is typically used as an alternative to a prison sentence, allowing the offender to proceed with their normal life -- with a few exceptions. There are certain things that the state of Illinois requires those who are sentenced with probation to do and certain things that are prohibited during the probationary period.

Prohibited Actions During Probation

For the most part, the things that you are forbidden from doing during your probation sentence depend on the type of crime you committed and what the judge believes is appropriate to prohibit you from doing. All offenders who are on probation are not permitted to leave the state without the court’s permission, violate any criminal statute anywhere or possess a firearm if your crime was a felony or a misdemeanor that involved the intentional infliction of bodily harm.

In addition, you could have other restrictions during your probationary period based off of your original crime. For example, a person who is convicted of drug possession or distribution may be ordered to not have any amount of a controlled substance in their system at any time. A person who is convicted of domestic violence and has a record of violent behavior when they are drinking may be ordered not to drink or have any amount of alcohol in their system.

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DuPage County criminal law attorneys, criminal conspiracyCriminal conspiracy is a serious crime, and it is a crime that may be easy to commit under Illinois law. A person accused of criminal conspiracy does not need to take any action in order to be found guilty.

Conspiracy is often charged in drug dealing cases. However, a person could be accused of a conspiracy to commit any crime from insurance fraud to first-degree murder.

Conspiracy Defined

Illinois law states that conspiracy is committed when:

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self defense options, protest, DuPage County criminal defense attorneyParticularly in larger cities, citizens are flexing their right to protest peacefully. Americans join in high numbers to exercise an unalienable right to have their voices heard. Regardless of whether you agree with these protests, the likelihood of finding yourself caught up in one on the way to work is a growing possibility.

Occasionally, these peaceful protests go awry and no longer qualify as peaceful, leaving those in their paths fearful for their personal safety. When caught in a demonstration unexpectedly, how do you utilize your Second Amendment rights for protection without becoming subject to a weapons charge?

Illinois Aggravated Unlawful Use of a Weapon

Aggravated Unlawful Use of a Weapon is a felony in Illinois, and is punishable by hefty fines, imprisonment, and a permanent mark on a criminal record. Unless you are on your personal property or place of business, you may incur charges of Aggravated UUW if:

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