Author Archives: admin

CAN YOU BE CONVICTED FOR INVADING YOUR OWN HOME?

The answer may be yes, if you are no longer living there. Under 720 ILCS 5/19-6, you commit home invasion when you, without authority, knowingly enter or remain in another’s home or falsely represent yourself to gain entry to another’s … Continue reading

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WHAT IS AGGRAVATED DOMESTIC BATTERY IN ILLINOIS?

Under 720 ILCS 5/12-3.3, you commit aggravated domestic battery if you knowingly cause great bodily harm, permanent disability or disfigurement or if you strangle someone while committing a domestic battery. Domestic battery means that you caused harm to a family … Continue reading

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CAN YOU GET IN TROUBLE FOR CONCEALING A HOMICIDAL DEATH IN ILLINOIS?

The answer is yes, if you knew the deceased had been murdered and you did something to conceal the death beyond simply withholding information. Under 720 ILCS 5/9-3.4, you commit concealment of homicidal death when you knowingly conceal a death … Continue reading

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CAN MY SOCIAL MEDIA MESSAGES BE USED AGAINST ME IN COURT?

The answer is yes, provided the state can show the messages are genuine. The state may prove you were the source of an email, text or other social media message through circumstantial evidence, including the message’s appearance, contents, and substance. … Continue reading

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WHAT IS FELONY MURDER IN ILLINOIS?

In Illinois, felony murder is a type of first degree murder. You commit felony murder when you, by yourself or with another, commit or try to commit a forcible felony (such as armed robbery but not second degree murder) and … Continue reading

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WHAT IS DEFENSE OF A DWELLING IN ILLINOIS?

In Illinois, you may use force against someone if you reasonably believe that such force is necessary to stop or end someone’s unlawful entry or attack on your home. (See 720 ILCS 5/7-2.) Further, you may use deadly force to … Continue reading

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DO ILLINOIS POLICE HAVE TO ARREST ME IF THEY SUSPECT I COMMITTED DOMESTIC BATTERY?

Although some states require an officer to make an arrest, Illinois does not. Under Illinois law, whenever an officer has reason to believe that you have abused, neglected, or exploited a family or household member, the officer shall immediately use … Continue reading

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CAN I BE CONVICTED OF DOMESTIC BATTERY BECAUSE A THIRD PARTY WAS OFFENDED BY MY CONDUCT?

(UPDATE:  On January 20, 2023, the Illinois Supreme Court overruled the Ward case below to the extent that the Ward case looked at whether contact was insulting or provoking from the victim’s point of view.  Instead, A judge or jury … Continue reading

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CAN A COURT ISSUE A PROTECTIVE ORDER BEFORE YOU ARE CONVICTED?

Under Illinois law, the answer is yes “if the court finds prima facie evidence that a crime involving domestic violence, a sexual offense or stalking has been committed.” (See 725 ILCS 5/112A-11.5.) Prima facie evidence can include the complaint against … Continue reading

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WHAT IS AGGRAVATED BATTERY IN ILLINOIS?

In Illinois, you commit battery if you knowingly, without legal justification, physically hurt another person or cause contact of an offensive nature, such as by grabbing them. But that battery can be upgraded to an aggravated offense depending on the … Continue reading

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