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IL defense lawyerWeapons charges in Illinois has potentially severe criminal penalties. Punishments run anywhere from a misdemeanor to a Class X felony depending on a variety of factors of the case, resulting in fines to potential jail or prison sentences. These factors include the location of the alleged crime, the number, and type of weapons involved, and the severity of any injuries incurred. Many cases become exacerbated by any previous criminal history or if other charges accompany the weapons charge. Unfortunately, ignorance of the law is not a good excuse in many weapon-related cases. If you face a weapons charge in Illinois, it is a good idea to understand your accusations.

Reckless Discharge of a Firearm (720 ILCS 5/24-1.5)

This law applies to instances when a suspect fires a gun in a reckless manner which endangers the safety of another individual. The code does not explicitly indicate what qualifies as “reckless,” leaving it up to the judgment of the arresting officer and the court. If the suspect were a passenger in a moving vehicle, both the passenger and the driver would receive the charge. If convicted, the resulting penalty is a Class 4 felony which is punishable by one to three years in prison.

Unlawful Use of a Weapon (UUW) (720 ILCS 5/24-1)

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IL defense lawyerAssault and battery charges are undoubtedly harsh accusations with potentially hefty consequences. However, dependant on the circumstances surrounding the case, there are a large number of potential defenses. Time and again, clients approach us with the genuine belief that they were the victim in the situation, rather than what the charges claim. Self-defense is one of the best defenses in violent crime cases, as long as there is supporting evidence. The following evidence must be present to build a winning argument.

A Threat of Harmful Force Existed

Even if you believe you were in danger and acted out of self-preservation, the threat must exist. If the opposition is no reasonable match, either by size, age, or other factors, an affirmative defense argument is more difficult to prove. However, even if your accuser is smaller in stature and weight, if they back you into a corner and raise a hand, you may be right to push them back to gain room to exit the situation.

You Feared Harm for Yourself or Someone Else

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Il defense lawyerAnyone under the age of 18 is a juvenile. When adolescents choose to break the law by participating in juvenile theft or other harmful behavior, we call this juvenile delinquency. In most cases, children who find themselves in trouble do not qualify for adult punishments, yet the consequences can have lasting effects. Currently, the United States faces an epidemic of juvenile delinquency. Crimes committed by one or more teens account for 20% of all criminal activity. This upward trend has experts searching for causes and the best methods of prevention.

The Expert Opinion

There is a constant debate as to what influences our behavior most, is it the genes we inherit from our family or our surroundings. Most experts agree that both play a pivotal role in our behavior choices. Children, teens, and young adults, however, are often more influenced by their surroundings. Adolescents make decisions directly relating to what is going on with their family members, friends, and their peers. These influencers are intensified by the accompaniment of a desire for material things, fashion trends, peer pressure, and financial lust, to name a few. Although any child can make a mistake that can result in legal consequences, the risk is higher when intensified by a background of:

  • Poverty;
  • Repeated exposure to violence;
  • Drugs;
  • Firearms;
  • Unstable family;
  • Family violence;
  • Delinquent peer groups; and
  • Media violence.

Suggested Preventative Measures

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IL defense attorneyIt is illegal to text and drive in most states, including Illinois. Many drivers continue to use their cell phone while driving even though we all know better. Multitasking drivers are often identifiable by their weaving driving pattern, hesitation at traffic lights, and their tendency to stare into their laps. Although these indicators frequently mean the driver is texting and driving, they are often not enough evidence to prove guilt. Many Illinois residents wonder, “How do they know if I am using my cell phone?”

One Hand on the Steering Wheel

When police watch for drivers illegally using their cell phone, they often look for how many hands are on the wheel. In driver’s education, they always teach to keep two hands on the steering wheel, at “10 and 2.” This hand-positioning allows the driver to maintain control of the vehicle at all times; however, not many drivers obey this rule of thumb. Even though one-handed driving is prevalent, it still causes watchful officers to judge the placement of your other hand.

A Mysterious Glow

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IL defense attorneyIf you have a commercial driver’s license (CDL) and face DUI accusations, you likely have many questions about how the charges may impact both your personal and your family life. As a professional driver, you are held to a higher standard than the typical everyday driver. DUI has severe consequences for all drivers, but for a CDL holder, you risk losing your license for a year or more, depending on the circumstances. As you probably know, if you do not have a license, you do not have a job with your CDL. It is essential to retain the services of an experienced DUI attorney to protect your way of life and your future.

In Your Personal Vehicle

While you are not “on the clock” or working, you are welcome to relax and enjoy an alcoholic beverage, if you so choose. However, be aware that if your blood alcohol concentration exceeds the legal limit of 0.08% and you decide to drive, you put your professional driving career on the line, even if you are in your personal vehicle. You face potential CDL disqualification for one year.

BAC Is under 0.08%

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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