WHAT IS AGGRAVATED ASSAULT OR BATTERY TO AN OFFICER?

After the officer approached you, you lost control. You may even have hit them. What is aggravated asssault or aggravated battery to an officer? What can you do?

In Illinois, you can be charged with aggravated assault if you knowingly cause an officer to reasonably fear that you are going to cause bodily harm. Maybe you threatened to hit the officer or you pointed a gun at them. Aggravated assault is a Class A Misdemeanor. If you used a gun, blackjack, shotgun or other weapon in threatening the officer, you can be charged with a Class 4 Felony.

Aggravated assault becomes aggravated battery if you actually hurt the officer or made contact of an insulting nature such as by grabbing at them. If you did not cause great bodily harm, disfigurement or permanent disability, the charge is a Class 2 Felony. But if you seriously harmed the officer, the charge upgrades to a Class 1 Felony. If did so while shooting a gun, the charge could become a Class X Felony.

Aggravated assault or battery to an officer requires that

(1) you commited the offense while the officer was performing official duties, or

(2) you did it to prevent the officer from performing official duties, or

(3) you did it to retaliate against the officer for performing official duties.

If you are charged with assault, battery or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with most crimes, the state must prove the elements of the offense beyond a reasonable doubt. Did you know the person you assaulted was an officer? Were they performing official duties? What if the assault occurred for personal reasons that had nothing to do with the officer’s status? Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more beneficial plea agreement than you could on your own.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

Reference: 720 ILCS 5/12-2(a)(4.1) and 720 ILCS 5/12-3.05(c).

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in Uncategorized | Comments Off on WHAT IS AGGRAVATED ASSAULT OR BATTERY TO AN OFFICER?

CAN THE GOVERNOR PARDON MORE THAN ONE CASE FOR ME IN ILLINOIS?

You grew up in a rough neighborhood. As a young adult, you had your share of arrests for a variety of stuff, perhaps in more than one county.  Nevertheless, at some point you knew you had to change.  And you did.  For the most part, your life is going pretty well, except it could be even better if you could clear your criminal record.  Can you get a pardon for multiple offenses even if they are in different counties?

The answer is yes.

The governor has the legal power to pardon any and all cases at his or her own discretion.  Even severe felonies such as murder or armed robbery can be cleared if you can make a case for why you deserve it.  Bear in mind the state’s attorney for your case’s county may object and any victims may appear at the hearing on your pardon petition.

To apply for a pardon, you will need to file a petition with the Prisoner Review Board.  You may request a hearing and present witnesses there on your behalf. If your cases were in more than one county, you will need to send a copy of your petition and its documentation to each county’s original judge and state’s attorney. An attorney can help present your life story in its most favorable light, both in your petition and at hearing. An attorney can also oversee the evidence needed to show that you have changed your life and regret what happened.

After the hearing, the Board will make a recommendation to the governor, who then has the final say. 

If you have questions about clearing your criminal record or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in Uncategorized | Tagged | Comments Off on CAN THE GOVERNOR PARDON MORE THAN ONE CASE FOR ME IN ILLINOIS?

VIOLATING AN ORDER OF PROTECTION IN ILLINOIS

            Your ex wants you to stay away from him or her. So much so that they got an order of protection.  One of the terms was to keep your distance.  But later, you were visiting a friend on your ex’s block when police arrested you for a violation.

            What is violating an order of protection in Illinois?  What can you do?

Under Illinois law, you violate an order of protection if you knowingly commit an act which the court prohibited or fail to commit an act which the court ordered in a valid order of protection.  Violating an order of protection is a Class A Misdemeanor for a first offense and a Class 4 Felony if you have previously been convicted for either violating such an order or domestic or other battery. The offense applies even if you got a third party to violate the order for you.  Note that a conviction for violating an order of protection cannot be expunged or sealed.

If you are charged with a violation, contact an experienced criminal law attorney immediately.  An attorney can review your case for your best possible defense.  As with other crimes, the state must prove all elements of the offense beyond a reasonable doubt. 

Were you properly served with the order or did you otherwise know about it? Before you can be charged, you must be served notice or have actual knowledge of the order’s contents. If the order was issued in another state, that state’s failure to provide notice and a reasonable opportunity to be heard is also a defense.

Did you knowingly violate the order?  Perhaps you went to the grocery store unaware that your ex was standing in the checkout line.

Is the order valid? The remedies provided in the order must be authorized by law. For example, if you and your ex both have the right to occupy your residence, the court must balance the hardships to you and your dependents against the hardships to your ex and their dependents. See 750 ILCS 60/214(b)(2).

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference: 720 ILCS 5/12-3.4.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in domestic violence act | Tagged , | Comments Off on VIOLATING AN ORDER OF PROTECTION IN ILLINOIS

ILLINOIS LAW ON PRETRIAL RELEASE—ARE YOU A REAL AND PRESENT THREAT?

Illinois abolished cash bail as of September 2023. However, a judge may still hold you in jail if the state shows: (1) proof is evident or the presumption great that you committed a detainable offense, (2) you pose a threat to the victim or community or you are a flight risk, and  (3) no combination of conditions could lessen this threat or the risk of flight.

An attorney can dispute the state’s evidence of the above conditions.  Did your offense fit the definition of detainable? Are you still a threat to the victim?  Would some combination of conditions lessen that threat?

For example, in People v. Crawford, the defendant was charged with stalking.  However, the appellate court found little evidence that the defendant was still a threat.  In the seven months before charges were filed, defendant had complied with an order of protection, had moved far from the victim and had a baby coming with a new woman.

 If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in bail, bond hearing, pretrial bond, pretrial detention, pretrial release | Tagged , | Comments Off on ILLINOIS LAW ON PRETRIAL RELEASE—ARE YOU A REAL AND PRESENT THREAT?

WHAT IS THE CRIME OF CYBERSTALKING IN ILLINOIS?

Under Illinois law, cyberstalking means you, knowingly and without legal justification:

* engaged in a course of conduct using electronic communication that you knew or should have known would cause a reasonable person to fear for their or another’s safety or cause emotional distress; or

  *at least twice, harassed the victim through electronic communication and threatened them or their family member with bodily harm, sexual assault, confinement or restraint or caused reasonable fear of such harm; or

*secretly placed electronic monitoring software or spyware on an electronic communication device to harass another person and threatened as above; or

*created and maintained an internet website accessible to third parties for at least 24 hours,  which harassed the victim and communicated threats.

You can still be convicted of cyberstalking if you knowingly solicited someone to do your cyberstalking for you.

Electronic communication device” means an, including wireless telephones, personal digital assistants or mobile computers.

A “course of conduct” means two or more acts, even when acting indirectly or through a third party, where you surveil, threaten or communicate to or about  a person, make contact without their consent or interfere with their property or pet.

If you are charged with cyberstalking or a similar offense, contact an experienced criminal law attorney immediately.  As with most crimes, the state must prove all the elements of the crime beyond a reasonable doubt.  Did you know what you were doing?  Did you have legal justification?  Maybe you acted in fear of the victim.  Was your communication threatening?  Was the victim’s fear for his or her safety reasonable?  Did the victim consent to your contact?  Was the webpage accessible to third parties? Even if the evidence is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.        

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See 720 ILCS 5/12-7.5.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in stalking | Tagged , | Comments Off on WHAT IS THE CRIME OF CYBERSTALKING IN ILLINOIS?

VIOLATING PROBATION IN ILLINOIS

            Your original criminal case ended in a sentence of supervision or probation, albeit with certain conditions.  You thought you were done.  But now the state says you violated that probation. Maybe you failed a drug test, failed to pay a fine or got in trouble for another offense.  

What can happen to you?  What can you do?

            After the state petitions the court to violate your probation/supervision, you may be summoned to appear for a hearing, or in some cases, arrested.  At the hearing, the state must prove your violation by a preponderance of the evidence. This is an easier burden for the state than beyond a reasonable doubt.

            If the state wins, the judge can resentence you.  Perhaps your supervision will become a conviction or you will serve time in jail.  Bear in mind that if your violation is based on a new offense, you will still have to defend the new offense.

            If you are charged with a violation, contact an experienced attorney immediately. An attorney can review your case for your best possible defense. Whether a judge will decide to violate you may depend on your particular facts, which different judges may see very differently.  An attorney familiar with your court house may be able to present your case in its most favorable light. Even if the evidence is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable outcome than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference:  730 ILCS 5/6-6-4

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in Uncategorized | Comments Off on VIOLATING PROBATION IN ILLINOIS

WHAT IS AGGRAVATED DOMESTIC BATTERY IN ILLINOIS?

There are two ways for a domestic battery to become an aggravated offense in Illinois: 

  • You knowingly caused great bodily harm, permanent disability or disfigurement to a family or household member, or
  • You strangled a family or household member causing bodily harm or making physical contact of an insulting or provoking nature.

See  720 ILCS 5/12-3.3 Aggravated Domestic Battery.

A “family or household member” includes your current or ex-spouse, parent, child or step child, blood or marital relatives, former housemates, your child’s other parent or blood relatives, your past or current dating relationships or engagements, as well as disabled persons and their assistants. See 725 ILCS 5/112A-3 Definitions.

Aggravated domestic battery is a Class 2 felony, punishable by 3 to 7 years in prison.

If you are charged with aggravated domestic battery or a similar offense, contact an experienced criminal law attorney immediately.  An attorney can review your case for its best possible offense. Can the state prove all the elements of the offense beyond a reasonable doubt?  Were you actually in a dating relationship or did you just go out casually?  Were you acting in self defense or protecting a third person? Did you act knowingly?  For example in one Illinois case, the police tased the defendant who then fell on the victim and broke her arm.  Because he could not control his muscles, his action was involuntary, and thus he did not act knowingly. (See People v. Martino.)   Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See our related posts at What Does it Mean to “Share A Common Dwelling” Under Illinois Domestic Battery Law?, Is it Really a Relationship Under Illinois Domestic Battery Law? and What is Domestic Battery Under Illinois Law?

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in Uncategorized | Comments Off on WHAT IS AGGRAVATED DOMESTIC BATTERY IN ILLINOIS?

WHAT IS THE CRIME OF INVOLUNTARY MANSLAUGHTER IN ILLINOIS?

Under Illinois law, you commit involuntary manslaughter when you kill someone unintentionally, and you did not have a legal justification such as self-defense. You must have acted recklessly in a way likely to cause death or great bodily harm. (See 720 ILCS 5/9-3.)

Involuntary manslaughter is a Class 3 felony, punishable by 3 to 7 years in prison. It differs from reckless homicide in that reckless homicide involves driving a motor vehicle.  It also differs from voluntary manslaughter which requires that you intended to kill

Examples of involuntary manslaughter include a husband suffocating his wife while lying on top of her (People v. Stolberg); shaking, restraining or beating a child; throwing rocks at a truck (People v. Campbell); and mishandling a gun, especially when intoxicated.   

If you are charged with involuntary manslaughter or a similar offense, contact an experienced criminal law attorney immediately.  As with most crimes, the state must prove all the elements of the crime beyond a reasonable doubt.  Were you truly reckless or likely to cause harm? Were you acting in self defense?  For example, did you fire the gun to scare off someone who was threatening you?    Even if the evidence is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.       

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See our related post at What is the Difference Between Murder and Manslaughter in Illinois?

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in involuntary manslaughter | Tagged , | Comments Off on WHAT IS THE CRIME OF INVOLUNTARY MANSLAUGHTER IN ILLINOIS?

WHAT IS THE OFFENSE OF CHILD PHOTOGRAPHY BY A SEX OFFENDER IN ILLINOIS?

            Under Illinois law, you may not knowingly take photos or videos of a child without their parent’s consent if you are a child sex offender.  (See 720 ILCS 5/11-24.) You also may not operate any type of business in which you take photos of children or direct anyone else to do so.

A violation of this law is a Class 2 felony, punishable by three to seven years in prison.  If you photographed children at a playground, school, daycare, park, forest preserve or other facility providing programs for children under age 17, your charges can be upgraded to a Class 1 felony, punishable by four to 15 years in prison. Note that freedom of speech is not a defense. (See People v. Rollins.)

If you have been charged with child photography or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense.  As with most crimes, the state must prove all elements of the crime beyond a reasonable doubt.  Do you meet the law’s definition of child sex offender?  Did you take the photos knowingly?  Did you have the parent’s consent?  Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.        

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in Uncategorized | Comments Off on WHAT IS THE OFFENSE OF CHILD PHOTOGRAPHY BY A SEX OFFENDER IN ILLINOIS?

THREATENING  SCHOOLS OR PUBLIC OFFICIALS IN ILLINOIS

Calling in a false bomb or shooting threat is not a harmless prank in Illinois.  For example, a Des Plaines man faces several felony and misdemeanor charges even though the DeKalb County Sheriff determined there were no credible threats. (See Des Plaines man accused of threatening schools, judges.)

Under 720 ILCS 5/26-1(a)(3), you commit disorderly conduct when you transmit a false bomb threat. You threaten a public official under 720 ILCS 5/12-9(a)(1) when you knowingly, directly or indirectly, placing them or their immediate family in reasonable fear of  harm to themselves or their property.  The threat must be conveyed because the official’s performance or nonperformance of their public duty, because you are hostile toward public officials, or because of any other factor related to the official’s public existence.

Under 720 ILCS 5/26-1(a)(3.5), you threaten a school when you threaten to destroy school property, or threaten violence, death or bodily harm against people at school whether or not school is in session.

Under 720 ILCS 5/26-2(a)(2), you commit telephone harassment when you use the phone intending to threaten another person.

If you are charged with making threats or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Can the state prove all the elements of your offense beyond a reasonable doubt? Did you knowingly make a threat? Perhaps it was just a bad joke. Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in disorderly conduct, felony disorderly conduct, misdemeanor disorderly conduct, threatening a public official | Tagged , , | Comments Off on THREATENING  SCHOOLS OR PUBLIC OFFICIALS IN ILLINOIS