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WHAT IS DOMESTIC BATTERY UNDER ILLINOIS LAW?

You commit domestic battery if you knowingly without legal justification by any means: (1) cause bodily harm to any family or household member; (2) makes physical contact of an insulting or provoking nature with any family or household member. (See … Continue reading

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WHAT IS FIRST DEGREE MURDER IN ILLINOIS?

Under Illinois law, there are three kinds of first degree murder. Intentional murder where you intend to kill or do great bodily harm to another knowing that your actions will cause death; Strong probability murder: Where you know your acts … Continue reading

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WHAT IS CONCEALMENT OF HOMICIDAL DEATH IN ILLINOIS?

In the 1944 comedy, Arsenic and Old Lace, Cary Grant’s character, Mortimer, finds a body in the window seat. It turns out that Mortimer’s elderly aunts have been murdering lonely, old bachelors “to end their suffering” by serving them arsenic-spiked … Continue reading

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WHAT IS OBSTRUCTING A PEACE OFFICER UNDER ILLINOIS LAW?

If the police give you an order, are you obstructing a peace officer if you refuse? The answer may depend on whether your actions “materially” obstructed the officer in his or her official duties. Under 720 ILCS 5/31-1(a) you commit … Continue reading

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WHAT IS THE CRIME OF ASSAULT IN ILLINOIS?

You commit assault when, without lawful authority, you knowingly engage in conduct which places another in reasonable apprehension of receiving a battery. Assault is a Class C misdemeanor, punishable by up to 30 days in jail. (See 720 ILCS 5/12-1). … Continue reading

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CAN I BE CHARGED WITH A CRIME WHEN I WASN’T EVEN ON THE SCENE?

The answer is yes–if the prosecution can prove you intended to help with the crime. Under one definition of Illinois accountability law: A person is legally accountable for the conduct of another when either before or during the offense, and … Continue reading

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WHAT IS THE CRIME OF STALKING IN ILLINOIS?

In Illinois, you commit stalking when you knowingly engage in a course of conduct directed at a specific person, and you knew, or should have known, that this course of conduct would cause a reasonable person to fear for their … Continue reading

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CAN I CLAIM PTSD AS A DIMINISHED CAPACITY DEFENSE IN ILLINIOS?

The answer is no. Diminished capacity is not recognized as a defense in Illinois. However, you might instead consider whether you were not guilty by reason of insanity or guilty but mentally ill. In the that recognize diminished capacity, a … Continue reading

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CAN I BE ARRESTED FOR SOMETHING FOUND UNDER THE PASSENGER SEAT OF MY CAR?

You were driving around town with your friend. You stepped a little too heavy on the gas, so the police stopped you for speeding. At first, you weren’t too concerned, but then the officer pulled a plastic baggie out from … Continue reading

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WHAT IS “LEGAL INSANITY” UNDER ILLINOIS CRIMINAL LAW?

Under Illinois law, you may be legally insane if, at the time you committed a crime, you suffered from a mental disease or defect such that you lacked the substantial capacity to appreciate the criminality of your conduct. (See 720 … Continue reading

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