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Recent Blog Posts
The Differences Between Assault and Battery in Illinois
Most people are not familiar with the criminal justice system. Often, the first exposure people do have with the criminal justice system is when they get themselves into trouble. Most people’s knowledge about the criminal justice system, crimes and punishments comes from what they see and hear on television and movies and what they read in news stories about crime. This can lead to much confusion about what actually constitutes specific crimes and how they are prosecuted. Assault and battery are two separate crimes that many people often confuse for one another, as their definition can differ depending on the state bringing the charges. If you have been charged with assault, battery or both in Illinois, it is important that you understand what these crimes are and what kind of punishments they may result in.
Assault Charges
According to Illinois law, assault occurs when a person knowingly engages in conduct which places another person in apprehension of receiving a battery. Basically, assault occurs when a person makes another person reasonably believe that they will be physically harmed. Assault is a Class C misdemeanor when it is basic assault, though the charges can increase up to a Class 3 felony for aggravated assault. This means that you could face up to 30 days in prison and up to $1,500 in fines for “regular” assault. If the judge does not sentence you to incarceration, you could be required to serve between 30 and 120 hours of community service.
Understanding the Difference Between Bail and Bond
If your loved one has been arrested, you may be wondering what steps you should take next. Perhaps you have heard that you need to come up with a certain amount of money for “bail” and that in order to do this you need a bail bond. The words “bail” and “bond” often appear to be used interchangeably, but there are important differences between these two terms. The best way to protect your rights after a criminal arrest is to retain an experienced criminal defense attorney
Bail is a Form of Security to Ensure the Defendant Appears at Trial
After a defendant has been arrested, the judge may require a form of collateral to ensure that the defendant appears for his or her trial. The trial date for a criminal offense is usually several weeks or months after the original arrest. Defendants arrested on criminal charges may stay in jail while they wait for their trial, but for an innocent or wrongly-accused defendant, staying in jail can be agonizing. Posting bail gives the defendant the option to leave the jail while waiting for his or her trial.
Taser or Stun Guns in Illinois
An Illinois law prohibiting the carrying of a taser or stun gun in public was ruled unconstitutional by the Illinois Supreme Court on March 21, 2019. The court declared that a taser or stun gun has the same essential function as a handgun for self-defense and therefore merits similar protection under the Second Amendment to the U.S. Constitution.
The law at issue, 720 ILCS 5/24-1(2)(a), states that a person commits the crime of Unlawful Use of Weapons (UUW) when he carries a taser or stun gun in public or in a private automobile. Another state law, 430 ILCS 66, permits Concealed Carry License (CCL) holders to carry a handgun but does not specifically permit carrying of a taser or stun gun. Thus, the UUW statute acts as a total ban on the carrying of a taser or stun gun and violates the Second Amendmen right to bear arms.
For those unfamiliar, a stun gun is a device that must be pressed to another person’s body to deliver a non-lethal electric shock. In contrast, a civilian taser can work from as far as 15 feet away but is more effective around five feet. It shoots two probes connected to the device by wires that deliver a shock for up to about 30 seconds.
Proposed Bill Would Make Illinois Medical Marijuana Program Permanent
In the past couple of years, there has been a surge of different states and even different countries that have legalized marijuana for medicinal purposes. In the United States, there are 33 states, including the District of Columbia, that have legalized medical marijuana. In addition, 10 of those states have legalized the use of marijuana for recreational purposes. Medical marijuana has been deemed an effective and popular way to help treat and alleviate symptoms of certain medical issues. Illinois is included as one of the 33 states that have legalized medical marijuana, though the program is currently not a permanent fixture. A new bill would change that.
Current Medical Marijuana Program
In 2013, Illinois passed the Compassionate Use of Medical Cannabis Pilot Program Act which legalized the growth, use, and sale of marijuana for medicinal uses throughout the state. In 2016, a bill was passed to extend the program until 2020 because of initial delays in getting the program started and early indications of the benefits it offered to patients. Currently, there are nearly 58,000 medical marijuana patients in Illinois, including over 400 patients under the age of 18. The medical cannabis program allows patients who have at least one qualifying condition (such as HIV/AIDS, cancer, glaucoma and Parkinson’s disease) to purchase 2.5 ounces of flower, edibles, or other cannabis-infused oils and concentrates every two weeks.
Exploring Juvenile Diversion Programs in Illinois
When your child is in legal trouble, it can be extremely stressful for the entire family. Often times, you do not know what will happen to your child, whether or not they will serve jail time and what non-legal repercussions will come of your child’s situation. While some juvenile offenders have committed crimes that are serious enough to warrant juvenile detention, most children in juvenile detention are serving time for minor offenses and have significant mental health issues. Juvenile detention is the youth equivalent to adult incarceration, but studies have shown that not all juveniles benefit from being in detention. This is why juvenile diversion programs were created as an alternative to incarceration.
What Are Diversion Programs?
Juvenile diversion programs are used to redirect juvenile offenders out of the justice system by using programming, supervision, and support. Most juvenile offenders who are a part of a diversion program have committed minor offenses
Does Illinois Law Protect My Right to Shoot in Self-Defense?
Illinois does not have a “Stand Your Ground” or “Castle Doctrine” law, nor does it have a “Duty to Retreat” law. Instead, Illinois has a “Justifiable Use of Force” law, 750 ILCS 5/7, passed in 2004. Of particular importance to Concealed Carry License (CCL) holders and other firearms owners in Illinois, this law defines when you can use “reasonable force” versus “deadly force” in a self-defense situation.
Illinois Law on Self-Defense and Defense of Other People
The Illinois Use of Force in Defense of Person statute (750 ILCS 5/7-1) provides the following guidelines:
- You can fight back with equivalent force if you reasonably believe that you or another person is about to be unlawfully attacked. For example, if an attacker comes at you with a knife, you can strike back with any heavy or sharp object available to you or wield a chair or other large object as a shield;
What You Need to Know About Assault and Battery in Will County
Are cases of assault and battery rising in Joliet and Will County? It is hard to say for certain because FBI crime statistics for a given year are not published until a full year later. But, a recent look at the Will County court docket suggests that there multiple victims in the county every day of crimes such as domestic battery involving bodily harm and aggravated battery causing great bodily harm.
Who Commits Battery and Who Are the Victims?
According to figures released by the FBI in 2018, roughly one-fourth of the victims of violent physical crimes are related to their attackers, and roughly half know their attackers but are not related to them.
What Types of Battery Crimes Happen in Will County?
Most arrests for battery in Will County involve physical contact with only minor injuries. Bodily harm appears to be more common in domestic cases than when the parties are not related or living in the same household.
What Is the Punishment for Aggravated Battery in Will County?
Under Illinois law, battery that involves physical contact with only minor injuries is a Class A misdemeanor, punishable by up to one year in jail. In actuality, most misdemeanor offenders are sentenced to community service or probation rather than jail time.
Illinois Child Endangerment Laws and Consequences
Almost everything that Illinois courts do with issues pertaining to children is in the child’s best interests and to protect the child’s wellbeing. Illinois courts believe that children have an inherent right to have loving, safe and caring homes, which is why any and all accusations of child abuse, neglect and endangerment are taken very seriously. Being accused of child endangerment is a serious situation. Not only will you face criminal charges and punishments, but you will also face stigma from friends, family, coworkers and other people who access your criminal record.
What is Child Endangerment?
According to Illinois law, child endangerment occurs when a person knowingly “causes or permits a child to be placed in circumstances that endanger the child’s life or health.” Though this is a rather vague statement, it is typically understood that child endangerment charges are entered when a person puts a child in immediate danger. Common examples of child endangerment include:
Disorderly Conduct for Filing a False Police Report
Earlier this year, headlines across the country were ablaze with reports that an actor had been attacked outside a sandwich shop in the Streeterville neighborhood of Chicago. The actor, an openly gay African-American, reported to Chicago police that he was walking to his apartment when two men approached him, hit him, and put a noose around his neck, all while yelling homophobic and racial slurs and making references to President Donald Trump’s “Make America Great Again” campaign slogan.
Holes in the Story
In the weeks that followed, details of the story began to fall apart, and authorities started to believe that the actor orchestrated the staged attack. An investigation suggested that the “victim” had paid two men to fake an attack, but his motives for doing so were unclear. The actor was eventually arrested and charged with one count of disorderly conduct for making a false report to police. When additional evidence was presented to a Cook County grand jury in early March, the Grand jury came back with 15 additional counts, one for each statement made to police.
What is Considered an Unlawful Vehicle Search by Police?
In the United States, certain limitations are placed on how and when police can search a person’s private property. The Fourth Amendment to the U.S. Constitution says that citizens have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and that no search warrants should be issued “but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” If evidence used against you in a criminal proceeding was obtained via an unlawful search, the evidence, or entire case, may be dismissed.
Police Can Search Your Car if You Give Them Consent
There are several ways that police have the authority to search an individual’s personal property. One of these is if the owner of the property gives the police consent or permission. For example, if you are pulled over for a traffic infraction and the police ask if they can search your vehicle and you say yes, this is a lawful search. Police may ask in a roundabout way to search your vehicle, saying something like, “You do not mind if I take a look around, do you?” Consenting to vehicle searches automatically makes them legal in the eyes of the law. Citizens do have the right to refuse an officer’s request to search their vehicle, but saying no will not necessarily stop the search from occurring.
