Author Archives: admin

WHAT IS THE OFFENSE OF CHILD ENDANGERMENT IN ILLINOIS?

In Illinois, endangering the life or health of a child is a Class A misdemeanor for a first offense and a Class 3 felony for subsequent offenses. The offense includes knowingly allowing or causing the endangerment or permitting the child … Continue reading

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CAN I PLEAD ENTRAPMENT AS A DEFENSE?

(UPDATE: The Lewis case below was upheld by the Illinois Supreme Court in People v. Lewis on June 24, 2022). A friend of a friend asked you to help them get some narcotics. You don’t do drugs yourself, but you … Continue reading

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WHAT IS SELF DEFENSE IN ILLINOIS?

Under Illinois law, you act in self defense if: (1) there is a threat of unlawful force against you; (2) you are not the aggressor; (3) the danger of harm was imminent; (4) your use of force was necessary; (5) … Continue reading

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WHAT IS AGGRAVATED CRIMINAL SEXUAL ABUSE BASED ON “POSITION OF TRUST?”

Under one definition (720 ILCS 5/11-1.60(f)), you commit aggravated criminal sexual abuse if 1) you have sexual conduct with a victim who is aged 13 to 17, 2) you are at least age 17, and 3) you hold a position … Continue reading

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CAN YOU BE CHARGED WITH MULTIPLE CRIMES BASED ON ONE ACT?

The answer is yes, provided each offense contains at least one element that differs from your other offense(s). Under the one-act, one-crime rule, you may not be convicted of multiple offenses based on precisely the same single physical act. To … Continue reading

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WHEN CAN I BE CONVICTED OF A LESSER INCLUDED OFFENSE?

Police arrested you on charges that were pretty stiff, but you feel confident that the state can’t prove the offense beyond a reasonable doubt. That does not mean, however, that you are out of the woods. The court can convict … Continue reading

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WHAT IS LEWD UNDER ILLINOIS CHILD PORNOGRAPHY LAW?

As U.S. Supreme Court Justice Potter Stewart once famously said about obscenity: “I know it when I see it.” If you are charged with child pornography, your case may likewise depend on how your particular judge sees it. Under 720 … Continue reading

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CHALLENGING A PHOTO IDENTIFICATION OR LINE UP IN ILLINOIS

After a witness at a crime scene picked you out of a group of photos, police asked you to participate in a line up. You stood alongside several other subjects, but something didn’t seem quite right. For one thing, you … Continue reading

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WHAT IS BATTERY IN ILLINOIS?

In Illinois, you commit battery if you knowingly without legal justification by any means (1) cause bodily harm or (2) make physical contact of an insulting or provoking nature with an individual. (See 720 ILCS 5/12-3). Under Illinois law, “knowingly” … Continue reading

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WERE YOU CAPABLE OF WAIVING YOUR MIRANDA RIGHTS?

When you are arrested, an officer must read your Miranda rights. If you keep talking, you may be giving up those rights. Once you have clearly invoked your right to an attorney, any police interrogation must stop unless you initiate … Continue reading

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