A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160

            The answer is generally no.  The fact you might have been drunk or high is not a get out of jail free card.  However, in limited circumstances, voluntary intoxication may be considered in deciding whether you had the necessary intent to commit the crime.

            In 2002, Illinois changed its law so that voluntary intoxication could no longer be used as a defense. However, the state must still prove all the elements of your offense beyond a reasonable doubt.  Certain crimes require proof of a specific intent—that you intended to commit the offense (as opposed to general intent where you could have expected the result to flow from your voluntary act).  If the state must prove specific intent, then the judge or jury may consider your intoxication in determining whether you could form that intent.

Note that involuntary intoxication is still a defense if: (1) your condition was involuntarily produced, and (2) it deprived you of the substantial capacity either to appreciate you were committing a crime or to conform your conduct to the law. See 720 ILCS 5/6-3.

If you have been charged with a crime, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  Did police gather the evidence legally?  Can the state prove the offense? Even if police followed procedure and the state’s evidence is airtight, 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.

Reference:  People v. Grayer.

(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.)

Under Illinois criminal law, there are four types of stalking:

* Knowingly engaging in a course of conduct that you should have known would cause a reasonable person to fear for their own or another’s safety or cause them to suffer emotional distress.

  *Knowingly and without legal justification, at least twice, following or surveilling the other person, and threatening them or their family member with bodily harm, sexual assault, confinement or restraint, or causing them to reasonably fear such harm. 

*Following and threatening the same person you were previously convicted for stalking.

*Making threats that are part of a course of conduct, and you are aware of the threatening nature of your speech.

A “course of conduct” means two or more acts, including indirect acts or acts through a third party, by any means where you follow, surveil, threaten or communicate to or about  a person, make contact without their consent or interfere with their property or pet.

Stalking is a Class 4 felony, punishable by 1 to 3 years in prison. A later offense is a Class 3 felony, punishable by 2 to 5 years.

If you are charged with stalking or a similar offense, contact an experienced criminal law attorney immediately.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt.  Did you act knowingly?  Were your actions a course of conduct?  Is the victim’s fear reasonable?  Were you acting in self defense? 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.

Reference:  720 ILCS 5/12-7.3

(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.)

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.)

            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.)

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.)