WHAT IS AGGRAVATED DOMESTIC BATTERY IN ILLINOIS?

Posted on July 22, 2024 by admin

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?

Posted on July 8, 2024 by admin

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?

Posted on June 24, 2024 by admin

            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

Posted on June 3, 2024 by admin

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

CAN THE COURT REVOKE MY PRETRIAL RELEASE IN ILLINOIS?

Posted on May 20, 2024 by admin

            You were charged with a relatively minor felony. The state did not ask the court to hold you in jail before trial, and you have been out on pre-trial release.  But you got into trouble again, and this time, the state wants you behind bars.

Can they revoke your freedom? The answer is yes, under certain conditions.

Under 725 ILCS 5/110-6, your pretrial release may be revoked after a hearing if you are charged with a felony or Class A misdemeanor that allegedly occurred during your release.  Your release may also be revoked if you violate a protective order or were previously convicted of violating a protective order and the subject of that order is the same person as the victim in the current underlying matter. The State must file a verified petition seeking to revoke your release.

    You may be held in custody while waiting to be transferred to the court where the previous offense is pending.  You must be transferred without unnecessary delay and the hearing must occur within 72 hours from filing the State’s petition or the court’s motion to revoke release.

    Your hearing must be in person unless you waive the right to be physically present, the court determines that the physical health and safety of any person necessary to the proceedings would be endangered, or there are operational challenges to an in person hearing, which the chief judge has documented and approved.

    You also have the right to an attorney and the opportunity to be heard. The court must consider all relevant circumstances, including the nature and seriousness of your crime. The state must show by clear and convincing evidence, that no combination of conditions of release would reasonably ensure your appearance for later hearings or prevent you from committing another crime.

    If the case causing your revocation is dismissed, you are found not guilty or you complete sentencing on it, the court shall, without unnecessary delay, hold a hearing and release you with or without changing your conditions of release.

    If you were previously granted release on charges below a Class A Misdemeanor but you are later charged with a Class A misdemeanor or felony, the court may not revoke your pretrial release but may impose sanctions.

If you are facing a detention hearing, contact an experienced attorney immediately.  An attorney, who is familiar with your courthouse, can help you present your case for pretrial release before your specific judge in its most favorable light.

 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 pretrial bond, pretrial detention, pretrial release | Tagged , , | Comments Off on CAN THE COURT REVOKE MY PRETRIAL RELEASE IN ILLINOIS?

WHEN IS A THREAT PUNISHABLE AS A CRIME?

Posted on May 6, 2024 by admin

The First Amendment does not protect threats of violence. However, a threat is not a crime unless the state can show that you consciously disregarded a substantial risk that your statements would be viewed as threatening violence.  The state must show that you were reckless.

The U.S. Supreme Court overruled the prior standard of proof: Did your communication seem threatening to the recipient?  Instead, the judge or jury should focus on your state of mind: Were you aware of your statement’s threatening character?

A number of Illinois laws punish threats of violence including harassment and stalking offenses.

If you have been charged with a crime, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  As with most crimes, the state must prove all the elements beyond a reasonable doubt.  Can the state prove you were aware that your messages were threatening? Even if 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: Counterman v. Colorado

(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 WHEN IS A THREAT PUNISHABLE AS A CRIME?

DO I NEED AN ATTORNEY AT MY ILLINOIS BOND HEARING?

Posted on April 6, 2024 by admin

Now, more than ever, it is critical to have an experienced attorney assist you when the court considers releasing you before trial 

As of September 18, 2023, the SAFE-T Act eliminated cash bond.  Therefore, you can no longer guarantee your pretrial release by simply paying.  The state may ask the court to hold you in jail. To do so, the state must prove, by clear and convincing evidence, that: (1) the proof is evident or the presumption great that you committed a qualifying offense, (2) your release poses a real and present threat to safety or you are a flight risk, and (3) less restrictive conditions would not avoid such a threat.

Further, the court may deny your release if the judge considers you dangerous.  The court looks at:  (1) the nature and circumstances of your offense and whether it is a violent crime, (2) whether your prior history indicates violent behavior, (3) whether you possess or have access to weapons, (4) the weight of evidence against you, and (5) the nature and seriousness of the threat your release would pose to the community. No one factor is dispositive.

The terms of your pretrial release can be very fact specific, facts that different judges may see very differently.  An experienced attorney, who is familiar with your courthouse, can best argue for your release before your specific judge.  Did the state present enough evidence that you committed a qualifying offense? Can the state show you are a threat to the community or flight risk?  Are there less restrictive conditions that can protect the community while allowing you to remain free?

 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.

References: People v. Davis and People v. Rodriguez

(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 DO I NEED AN ATTORNEY AT MY ILLINOIS BOND HEARING?

DOES A MATCH ON A DNA DATABASE GIVE POLICE PROBABLE CAUSE?

Posted on March 31, 2024 by admin

            The answer is yes.  Even a preliminary match with a federal or state DNA database may give police the probable cause they need to get a search warrant for a separate DNA sample from you. This sample may come from your blood or saliva. 

Furthermore, it does not matter that your DNA sample may have ended up in the database by mistake.  Your later arrest or conviction based on that sample is still valid.

For example, in People v. Cummings, police were investigating the rape of a minor.  Based on sperm from the minor’s oral swab, police got an “association” in a DNA database matching defendant. Defendant argued that probable cause to obtain his DNA did not exist because the database sample came from his prior case with unsubstantiated claims that had not been charged. However, Illinois law specifically states that mistake does not invalidate a database match. What matters is the match between the victim and the offender named in the database.

If you have been charged with a DUI or criminal-related offense, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt.  Even if 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.

(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 DOES A MATCH ON A DNA DATABASE GIVE POLICE PROBABLE CAUSE?

CAN I BE ARRESTED WHEN POLICE EXECUTE A SEARCH WARRANT ON ANOTHER PERSON?

Posted on March 3, 2024 by admin

            The answer depends on the circumstances.  If you just happened to be on the premises, the police may not search or detain you.  But if you are sufficiently connected to the warrant’s subject, threatening to attack the officer or trying to conceal something named in the warrant, then the police are within their rights.

            To determine if you have a sufficient connection, a court may look at your status, where you live, your conduct and the purpose of your presence. If the warrant doesn’t include you, the police must have independent probable cause. 

For example, in People v. Duffie, the defendant was sleeping unclothed in a room when police executed the warrant.  An officer handed defendant his pants but first searched the pockets and uncovered crack cocaine.  The defendant was convicted of possession, but the appellate court vacated the conviction. The officer lacked independent probable cause to search defendant’s pocket.  Defendant had no resemblance to the warrant’s subject, nor was he acting suspiciously or threateningly to officers. 

If you have been charged with a criminal offense, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  If the criminal charges against you flow from an unlawful police search,  then an attorney can petition the court to suppress the evidence resulting from the search. In some cases, the judge may even dismiss your charges.

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 725 ILCS 5/108-9.        

(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 search and seizure | Comments Off on CAN I BE ARRESTED WHEN POLICE EXECUTE A SEARCH WARRANT ON ANOTHER PERSON?

CAN YOU USE AN EXPERT ON EYEWITNESS TESTIMONY IN ILLINOIS?

Posted on February 12, 2024 by admin

You are charged with a violent crime that took place late at night in your neighborhood. At the time, you were home alone watching TV.  But somehow, two eyewitnesses have picked you out of a photo line up. Can an expert witness challenge their testimony at trial?

Since 2016, Illinois courts have said yes, at the judge’s discretion.  Expert opinion regarding the reliability of eyewitness testimony has become widely accepted. DNA testing has confirmed that eyewitness misidentification is responsible for more wrongful convictions than all other causes combined.

In People v. Lerma,  the Illinois Supreme Court held that the defendant was denied a fair trial when the judge refused to allow an expert on the reliability of eyewitness identification.  In that case, the victim was shot to death while sitting with a friend on his front steps.  The victim (before his death) and the friend identified the defendant as the shooter.  The defendant sought to use an expert to explain common misperceptions about eyewitness testimony.  For example, a witness’s level of confidence in their identification does not equal reliability. 

If you have been charged with a criminal offense, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  As with most crimes, the state must prove all the elements beyond a reasonable doubt.  Did the eyewitnesses really see what they thought they saw?  Even if 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.

(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 YOU USE AN EXPERT ON EYEWITNESS TESTIMONY IN ILLINOIS?