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Illinois Burglary Charges Explained

 Posted on June 28, 2023 in Criminal Defense

IL defense lawyerTheft can be a misdemeanor or a felony, depending on factors like the value of property stolen and whether a weapon was used. Burglary, on the other hand, is a felony in Illinois, whether it is committed on a residential dwelling, a business, or even a vehicle. While the motivation for burglary is often to steal property found inside, the intention to do so is not required for a burglary conviction. Burglary is a very serious charge in Illinois. If you are convicted, you are very likely to face time in jail or prison. The differences between burglary, theft, and trespassing may be relatively minor, but the difference in sentencing between these offenses can be serious. If you are facing burglary charges, it is important to take the situation very seriously and find a skilled criminal defense attorney. You may have options, such as plea bargaining to reduce your charges.

Defining the Offense of Burglary

There are multiple types of burglary charges in Illinois. Both are felonies. The first is residential burglary, which involves unlawfully entering another person’s dwelling place, which is a Class 1 felony. Burglary on a business and burglary on a motor vehicle are both Class 3 felonies. Breaking in is not required to sustain a burglary sentence. The standard is whether the entry was lawful. Even if the alleged victim had left their door unlocked or a window wide open, you can still be charged with burglary if you did not have permission to enter.

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When Can Drunk Driving Lead to Felony DUI Charges in Illinois?

 Posted on June 15, 2023 in DUI Law

DuPage County aggravated DUI defense lawyerDriving under the influence of alcohol or drugs is a serious offense in Illinois. DUI charges can lead to severe consequences such as driver's license suspension or revocation, thousands of dollars in fines, and jail time. While all DUI charges should be taken seriously, those who are arrested on suspicion of intoxicated driving should be aware of when they could potentially be charged with a felony. A conviction on felony DUI charges will usually result in a prison sentence of at least one year, as well as other penalties. Anyone who could potentially face felony charges related to drunk driving will need to understand their options for defense.

Aggravated DUI Charges in Illinois

If a drunk driving offense will result in felony charges, it is known as aggravated DUI. An offense may be charged as a felony if aggravating factors were involved in the case or if a person had multiple previous DUI convictions. Some of the most common situations where intoxicated driving may result in felony charges include:

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Understanding the Issue of Consent in Sexual Assault Cases

 Posted on June 09, 2023 in Sex Offenses

DuPage County Sexual Assault Defense LawyerThere are a variety of situations where people may be charged with sex crimes, and sexual assault is one of the most serious of these offenses. In Illinois, individuals accused of this crime face significant penalties, including jail time, fines, and a lifetime of stigma. Unfortunately, there are some situations where people may be falsely accused of sexual assault or where the parties involved in a situation may disagree about what actually happened. Sexual assault cases will often rest on the issue of consent, and criminal charges may be based on claims that a person engaged in sexual behavior without receiving consent from the other party. Because consent is a key factor that may determine whether a person will be convicted on sexual assault charges, it is important to understand how this issue will be addressed during a criminal case.

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When Can a Person Be Convicted of Murder in Illinois?

 Posted on May 31, 2023 in Criminal Defense

naperville criminal defense lawyerFew criminal offenses are as serious as murder. Someone who is accused of intentionally killing someone else will usually be investigated by law enforcement and prosecuted on homicide charges. Because of the serious nature of this offense, a conviction is likely to lead to severe penalties, including the possibility of life in prison. However, the specific charges related to murder can vary depending on the situation, so it is important to understand the issues that can play a role in these cases. Regardless of the nature of homicide charges, it is crucial for a defendant to be represented by a criminal defense attorney who has experience representing clients who have been charged with violent crimes.

Homicide Offenses in Illinois

Under Illinois law, homicide charges are generally classified under one of three categories: first-degree murder, second-degree murder, and involuntary manslaughter. First-degree murder is the most serious charge, and a conviction will generally result in a sentence of between 20 and 60 years in prison, although a life sentence may be appropriate in some cases. Second-degree murder is a Class 1 felony, which carries a sentence of four to 20 years in prison. Involuntary manslaughter is a Class 3 felony, and a conviction can result in a sentence of two to five years.

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What Are the Penalties for a Federal Drug Trafficking Conviction?

 Posted on May 24, 2023 in Drug Offenses

naperville drug trafficking defense lawyerWhether they are handled at the state or federal level, drug-related offenses are taken very seriously, and those who are convicted are likely to face harsh penalties. In many cases, the most serious drug charges will involve accusations of drug trafficking. Large-scale schemes in which controlled substances are imported into the United States, transported across state lines, or distributed to people in multiple jurisdictions may lead to federal drug charges for those who have allegedly been involved in this activity. Anyone who is being investigated for offenses related to drug trafficking at the federal level will need to understand the potential penalties they may face and their options for defending against these charges.

Federal Drug Trafficking Charges

The laws of the United States have made it illegal to distribute controlled substances to others, with some exceptions, such as prescription drugs being dispensed to patients by doctors or pharmacists. It is also illegal to manufacture illegal drugs, possess drugs with the intent of distributing them to others, or possess chemicals that may be used to manufacture controlled substances. While accusations of drug possession or drug manufacturing and distribution may result in state-level charges, cases involving large amounts of controlled substances or the distribution of drugs to people in multiple jurisdictions are more likely to result in federal charges.

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When Can Marijuana Use Lead to DUI Charges in Illinois?

 Posted on May 18, 2023 in DUI Law

naperville dui defense lawyerSince 2021, adults over the age of 21 have been able to legally use marijuana in Illinois. However, while it is legal to purchase and consume marijuana and cannabis products such as oils and edibles, certain restrictions apply to marijuana users. Because the use of marijuana can affect a person's mental faculties, it is treated similarly to alcohol, and people who "drive while high" can face the same penalties as those who drive drunk. By understanding the potential DUI charges that may apply when a person has been using marijuana, drivers can avoid dangerous behaviors. Those who are arrested and charged with driving under the influence of marijuana can work with a criminal defense attorney to determine their legal options.

What Is the Legal Limit for Marijuana?

Determining whether a person is intoxicated by alcohol is fairly simple. Alcohol is quickly absorbed into the blood, and a test of a person's blood alcohol content (BAC) can usually be performed by taking a breath, blood, or urine sample. In Illinois, as in most other states, the legal BAC limit is .08 percent, and if a chemical test finds that a person exceeded this limit while operating a vehicle, they may be charged with DUI.

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What Is the Difference Between Theft and Burglary in Illinois?

 Posted on May 09, 2023 in Criminal Defense

naperville criminal defense lawyerIn general, property crimes include offenses where property owned by one person is stolen or damaged by someone else. While these charges will often involve accusations of theft, other offenses, such as burglary, may also apply in some situations. These crimes may seem similar, but they have different legal definitions and consequences. Understanding the nature of these offenses and the potential penalties that may apply if a person is convicted can be crucial for anyone who is being investigated or prosecuted for property crimes.

Misdemeanor or Felony Theft Charges

Theft generally involves taking someone's property without their consent with the intent to deprive them of it. There are numerous actions that could potentially lead to theft charges, including purposely stealing items that belong to someone else or failing to return property that was rented or borrowed. These cases may sometimes involve misunderstandings, such as when there is confusion about who is the actual owner of an item, although they will often be based on accusations that a person took money or property that they knew was owned by a person or company with the intention of keeping it for themselves.

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Can I Refuse a Breathalyzer Test During a DUI Traffic Stop?

 Posted on April 28, 2023 in DUI Law

dupage county DUI defense lawyerIn Illinois, DUI (driving under the influence) is a serious crime that can lead to significant legal and financial consequences. If you are pulled over for suspected DUI, the officer is likely to ask you to take a breathalyzer test. In this situation, you may be concerned about whether agreeing to take a breathalyzer test could lead to a DUI arrest, and you may be unsure about whether you may face penalties if you refuse to take the test. By understanding your rights under Illinois law, you can determine the best way to proceed in this situation. If you are facing DUI charges, you can work with a criminal defense attorney to understand your options for defending against a conviction.

Implied Consent in DUI Cases

Illinois and other states throughout the country have implied consent laws that address when a driver is required to consent to testing to determine if they are intoxicated. These laws state that anyone who is driving on public roads is considered to have consented to chemical testing to determine whether they are under the influence of alcohol or other substances. However, the implied consent law applies to testing performed after a person is arrested rather than tests an officer asks a person to submit to during a traffic stop.

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When Is Probation Available for Drug Offenders in Illinois?

 Posted on April 20, 2023 in Uncategorized

naperville drug crime defense lawyerBeing charged with a drug crime can be a daunting experience, since a conviction may potentially lead to jail time, hefty fines, and other consequences. However, for some drug offenders, alternative sentencing options may be available, including probation. A person who receives probation will be placed under the supervision of a probation officer, and they will be required to follow certain conditions. Since this option is usually preferable to serving time in prison, those who are accused of drug offenses may want to determine whether they will be eligible for participation in these programs.

410 Probation

First offender probation, also known as 410 probation, may be available to individuals who have been charged with a non-violent drug possession offense for the first time. To be eligible for 410 probation in Illinois, a person must have no previous felony drug convictions.

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When Is a Person Required to Register as a Sex Offender in Illinois?

 Posted on April 17, 2023 in Sex Offenses

dupage county sex crimes defense lawyer Sex crimes are among the most serious offenses that a person can be accused of. Convictions for these crimes come with steep penalties, including lengthy prison sentences, large fines, long periods of probation or supervision, and sex offender registration. If you are facing charges for a sexual offense in Illinois, you likely have many questions about what the future holds. One of the most common concerns involves when and how you may have to register as a sex offender if you are convicted.

Who Must Register as a Sex Offender?

In Illinois, those who are convicted of certain types of sex crimes will be required to register as sex offenders. This requirement will begin after a person completes a sentence of incarceration or parole and is discharged or released from custody. Those who are sentenced to probation will be required to register immediately after being convicted. The list of qualifying crimes includes, but is not limited to:

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