Murder is one of the most serious of all violent crimes. A person accused of taking the life of another person faces the possibility of life in prison. Even the accusation of an attempt to kill someone can result in serious punishments. In Illinois, there is a fine line between assault charges and attempted murder charges. However, they are very different in the severity of their punishments.

What Is the Difference Between Assault and Attempted Murder?

Assault is defined as the threat of inflicting bodily harm or offensive physical contact upon another person. This can be an action as simple as forcefully shoving someone or as serious as threatening someone else with a firearm. If convicted of simple assault, the punishment is a Class C misdemeanor resulting in a prison term of up to 30 days and a $1,500 fine.

Attempted murder is similar to assault in terms of the definitions of the two crimes. The difference in the crimes comes when a person knowingly takes a substantial step toward the killing of another person. In order to be charged with attempted murder, intent to kill must be proven beyond a doubt. If convicted, attempted murder is a Class X felony punishable by a prison term ranging from 20 to 80 years. Punishments can also be increased depending on the crime:

• If the crime occurs with a firearm, 15 years will be added to the prison sentence.

• If the firearm is discharged during an attempted murder, 20 years will be added to the prison sentence.

• If the discharging of the firearm results in bodily harm, but not death, to the victim of the attempted murder, 25 years will be added to the term, or the offender will be imprisoned for a natural life term.

• The charges become a Class 1 felony when the offender is proven to have caused the death of another person by accidental means.

Defense Strategies

After being charged with attempted murder, an offender will have several different ways they may be able to avoid a conviction. They will have to prove that they never had the intent to take the life of the victim in the case. This could reduce the charge to simple assault.

An offender can also attempt to prove the crime was:

• An act of self-defense, in that the offender had to fight back to protect his or her own life.

• In defense of other persons involved in the incident.

• An exercise of duty by a law enforcement officer.

• An act of insanity, and the incident would not have occurred if the offender was in the right state of mind.

Contact a Joliet, IL Criminal Defense Lawyer

If you or someone you know is facing attempted murder charges, the consequences of a conviction can be life-altering. The first step you should take is to secure experienced legal representation. The Law Office of Tedone & Morton, P.C. will carefully review the circumstances surrounding your case and help you minimize the potential consequences by planning an appropriate defense. To schedule a free consultation with a Will County violent crimes attorney, call 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=21100000&SeqEnd=23000000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K8-4

There are many different ways a person can be charged with kidnapping, and contrary to how it sounds, kidnapping can happen to both children and adults alike. An individual can be taken by someone he or she knows or does not know for ransom, or worse, to be tortured or killed. This is why kidnapping is considered a violent crime.

Illinois law defines kidnapping as a person knowingly doing any of the following acts:

• Secretly confining another person against his or her will.

• Forcibly transporting another person with the intent to confine him or her against his or her will.

• Inducing another person from one place to another with the intent to confine him or her against his or her will.

• Concealing a person under the age of 13 or with an intellectual disability against his or her will and without the consent of the minor’s parents.

In these cases, alleged kidnappers can be convicted of a Class 2 felony punishable by a prison term of three to seven years.

Understanding Aggravated Kidnapping

The state of Illinois also has laws for aggravated kidnapping, which is a crime of a more serious nature with more severe consequences. Aggravated kidnapping is classified as any of the following:

• Taking another person with the intent to collect a ransom.

• Taking a minor under the age of 13 years old or taking a person with an intellectual disability.

• Inflicting bodily harm upon a victim other than discharging a firearm.

• Wearing a hood or mask to conceal identity.

• Committing the act of kidnapping while in possession of a weapon other than a firearm.

• Committing the act of kidnapping with a firearm.

• Committing the act of kidnapping and discharging a firearm.

• Committing the act of kidnapping while discharging a firearm that results in bodily harm or death of another person.

Aggravated kidnapping is a Class X felony with prison terms increasing with the nature of the crime. First offenses are punished by a prison term of six to 30 years, with an additional 15-25 years, depending on the severity of the crime. Second and subsequent offenses are punishable by life imprisonment, a fine of up to $25,000, and restitution to the victim.

Contact a Joliet, IL Criminal Defense Attorney

A kidnapping conviction will change a person’s life, and aggravated kidnapping carries even more severe penalties. If found guilty, the offender will go to prison, but even if a person is found not guilty, they are still likely to suffer from a damaged reputation within their community. If you or someone you know is fighting kidnapping charges, an attorney from the Law Office of Tedone & Morton, P.C. can help you build the best defense strategy so you can avoid a prison term. To schedule a free consultation with a Will County violent crimes lawyer, call 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+10&ActID=1876&ChapterID=53&SeqStart=12200000&SeqEnd=13600000

At the end of May, it was announced that Illinois lawmakers passed a bill that would legalize recreational marijuana use in Illinois. However, the law will not change until January 1, 2020. So the short answer is: Yes, recreational marijuana is still illegal in Illinois for now.

Possession of marijuana (as well as using, selling, and trafficking) is still punishable as a drug crime in Illinois for the rest of 2019. If someone is caught with marijuana, the punishment severity increases with the amount of the drug:

• Possession of 10-30 grams of marijuana is a Class A misdemeanor for first offenses punishable by one year in prison and a fine of up to $2,500. A subsequent charge is considered a Class 4 felony punishable by one to six years in jail and a fine of $25,000.

• Possession of 30-500 grams of marijuana is a Class 4 felony for first offenses punishable by one to six years in jail and a fine of $25,000. A subsequent charge is considered a Class 2 felony punishable by two to five years in jail and a $25,000 fine.

• Possession of 500-2,000 grams of marijuana is a Class 3 felony punishable by 2-10 years in prison and a fine of $25,000.

• Possession of 2,000-5,000 grams of marijuana is a Class 2 felony punishable by 3-14 years in prison and a fine of $25,000.

• Possession of over 5,000 grams of marijuana is a Class 1 felony punishable by 4-30 years in prison and a fine of $25,000.

Medical marijuana is the only type of weed that is legal in Illinois until 2020, and a doctor’s recommendation must prove that it is medically necessary for the person in possession of it.

What Is the Plan for 2020?

According to a report printed by the Chicago Tribune, Illinois will have 55 recreational marijuana dispensaries across the state for people over the age of 21 to purchase the drug. Additionally, those dispensaries will have the right to open a second location for the sale of marijuana. All told, Illinois could have over 100 locations for people to purchase marijuana.

Another report from Channel 5 in Chicago detailed that Illinois residents would be limited to possessing up to 30 grams of marijuana at a time. The report went on to say that only people who use marijuana for medical purposes may grow the cannabis plants in their home, so long as it is out of the public eye.

The new bill will also benefit anyone who was convicted in the past for possessing less than 30 grams of marijuana. Those persons may be able to have their drug crime history erased through the governor’s clemency process.

Contact a Joliet, IL Drug Crimes Lawyer

While Illinois has passed a law to legalize marijuana, it will not go into effect until January 2020. This means there are still several months left in which recreational marijuana is still illegal in Illinois. If you or someone you know is being charged with possession of marijuana, the attorneys at the Law Office of Tedone & Morton, P.C. can help build a defense strategy and work to avoid any negative outcomes. To schedule a free consultation with a Will County criminal defense lawyer, call 815-666-1285. 

Sources:

https://norml.org/laws/item/illinois-penalties

https://www.chicagotribune.com/business/ct-biz-where-to-buy-marijuana-in-illinois-20190603-story.html

https://www.nbcchicago.com/blogs/ward-room/legal-weed-pot-marijuana-illinois-things-to-know-510678831.html?fbclid=IwAR3brtIGmjElzN5AYLhC9W2R4ygxQk_4leiEnfBKEdrflZEUHYX38TANTNY

According to Illinois law, a person can face assault charges if he or she takes part in an act that puts another person in danger of battery. Battery is defined as one person causing bodily harm to another person and making physical contact that is not authorized by another person. While the acts of assault and battery are alike, they are two separate violent crime charges in Illinois. A person can be charged with one or both of the charges, and they may face serious punishments as a result of these crimes.

How Does Aggravated Assault and Battery Differ from Simple Charges?

Aggravated charges of battery or assault result in more severe punishments, because the crime is considered worse than just a simple charge. According to Illinois law, aggravated battery is the act of causing bodily harm or permanent disfigurement to another person as a result of unwanted or confrontational physical contact. Someone can also be charged with aggravated battery or aggravated assault when:

• The victim of the assault is a government employee, police officer, or firefighter.

• The alleged assaulter uses flammable or caustic material to cause bodily disfigurement.

• The victim of the assault is over 60 years old or has a physical disability.

• The victim of the assault is a teacher or school employee, and the crime occurs on school property.

An act of simple battery is charged as a Class A misdemeanor. Most aggravated battery charges are Class 3 felonies, but a charge can be elevated to a Class 2 felony if the victim is over 60 years old, a peace officer, or the assaulter knowingly puts the victim in contact with blood, urine or other substances.

The charges can be further elevated to a Class 1 felony if the battery was intentional or is considered severe torture of the victim. Finally, the charges can be elevated to a Class X felony if a firearm is used during the battery. As a result of the conviction, a person can face up to 30 years of jail time. If any prior violations have occurred, a person can face up to 60 years in jail.

If someone is charged with a simple assault charge in Illinois, they will face a different punishment than a battery charge. Simple assault is a Class C misdemeanor and can be punishable with jail time of up to 30 days, a fine of up to $1,500, and/or up to 120 hours of community service.

Aggravated assault is a Class A misdemeanor, which is punishable by one year in prison and/or a $2,500 fine. If weapons were used in the assault, the alleged assaulter faces a Class 4 felony, which is punishable by a prison term of 1-3 years, a fine of $25,000, or both.

Defense Strategies for Assault Charges

If you have been charged with assault or battery, you may be able to defend against these charges by claiming that you acted in self defense or in defense of property and that your actions would not have happened if you had not already felt threatened. You may also be able to argue that you had received consent from the alleged victim to have physical contact with no intent to injure.

Contact a Joliet, IL Criminal Defense Attorney

The first step to defending against assault or battery charges is to find a reliable criminal defense lawyer. The experienced legal team at the Law Offices of Tedone and Morton, P.C. is ready to hear your case and build a defense on your behalf. To set up a free consultation with a Will County violent crimes attorney, call 815-666-1285 today.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.05

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=21100000&SeqEnd=23000000

In Illinois, burglary and robbery are two different offenses based on the situation. A person can be charged with robbery if property has been stolen from a home or business. According to Illinois law, a burglary charge is what is issued even if no property is taken.

Burglary is defined by Illinois law as entering a building, car, boat, airplane, or motorhome with the intent of stealing property. An act of burglary then becomes an act of robbery when property is physically taken by force.

Burglary Punishments

There are numerous ways a person can commit burglary, and each circumstance can result in a felony conviction. The severity of the punishment is determined by whether the alleged robbery damaged any property during the event.

• Class 3 Felony: Is charged when there has been no damage to a household, building, car, airplane, boat, or motorhome.
• Class 2 Felony: Is charged when there is damage done to a household, building, car, airplane, boat, or motorhome. This conviction can result in a prison term between three and seven years.
• Class 1 Felony: Is charged when a burglary has been committed against a daycare center, school, another childcare facility, or religious center. This charge can result in a prison term between four and 11 years.

In cases of Class 2 or Class 1 felonies, the prosecution can increase the severity of a sentence based on the criminal history of the suspect. In some cases, a conviction can result in a fine of up to $25,000.

Burglary Defense Strategies

With the help of a skilled defense attorney, there are several ways a suspect can defend against burglary charges.

• Prove Innocence: In many cases, burglaries are committed at night, which makes it difficult for a victim to properly identify suspects. The prosecution has to prove beyond doubt that a suspect really committed the crime.
• Misunderstanding: In some burglary cases, a homeowner or property owner has previously given a suspect permission to be at the location, and the suspect was simply acting on that agreement.
• Lack of Intent: In order for there to be a burglary charge, there must be proof of intent to steal property.
• Entrapment: A suspect can argue that someone else tricked them into committing the crime when they otherwise would not have.

Contact a Joliet, IL Criminal Defense Attorney

If you have been charged with burglary, the first step is to seek the help of a skilled defense attorney. The Will County burglary defense lawyers of the Law Offices of Tedone and Morton, P.C. are ready to fight for the best possible result in your case. To schedule a free consultation, call us today at 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

https://criminal.findlaw.com/criminal-charges/burglary-defenses.html

https://statelaws.findlaw.com/illinois-law/illinois-burglary-laws.html