Under certain circumstances, assault can be upgraded to an aggravated offense. See 720 ILCS 5/12-2. This can be based on how you conducted the assault. Were you threatening someone with a weapon? Were you hooded or masked and/or pretending to use a gun? Were you firing a gun from a car? Were you using your car to make the threat? Were you flashing a laser attached to a gun at someone?

A second factor for aggravation involves the type of person you were assaulting. Did you go after a teacher or a sports official or a utility worker? Was the person a government investigator, a peace officer, emergency worker, probation officer or prison employee, a bus or a train driver? Was the person elderly or disabled? Was the person a process server who was attempting to serve a legal summons?

For the most part, aggravated assault is a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine. However, if firearms are involved, you may be charged with a Class 4 Felony, punishable by 1 to 3 years in prison and a $25,000 fine. It is also a Class 4 felony, if you assault a correctional officer, probation officer or other government official. As of this year, it is a class 4 felony to assault a process server.

If you are charged with assault or a similar offense, you should contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with most offenses, the State of Illinois must prove you guilty beyond a reasonable doubt. Were you acted in self defense or defense of another? Did the victim have a “reasonable apprehension” that you were going to hit them? Maybe you were just flailing your arms and didn’t even realize they were there. Even if the evidence is overwhelming an attorney who is respected by the court may be able to work out a better plea negotiation 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.

(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.)

The post WHAT IS ASSAULT IN ILLINOIS? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

To protect yourself, you pulled out a knife or maybe a gun. He turned to run away. Pumped with adrenalin, you couldn’t stop yourself from going after him. Now, he’s in the hospital, and you’re charged with an aggravated battery. Can you claim self-defense?

Under Illinois law, you may use force against an aggressor when you reasonably believe it is necessary to defend yourself or another. You may use deadly force if you reasonably believe it is necessary to prevent imminent death or great bodily harm to yourself or another, or that such force is necessary to prevent a forcible felony such as a burglary.

However, you can go too far. You may not become the aggressor. If the person who attacked you withdraws from physical contact and indicates they want to stop fighting, you can’t keep going. Once they’re lying on the ground, you can’t keep beating them. When self-defense crosses the line to retaliation, you become the aggressor. Self-defense is also not a defense when the aggression is mutual.

And despite what you may have heard in some news stories, you may not sue someone for injuries where they acted in self-defense unless their conduct was willful and wanton. Thus, the stories about the burglar suing the homeowner for shooting him are unlikely to occur in Illinois.

If you are charged with a battery or other violent crime but believe you acted in self-defense, contact an experienced criminal law attorney immediately. Do not try to justify yourself to the police or discuss your offense with third parties. What you think is a reasonable explanation may give the police the evidence needed to convict you. You may unintentionally come across as self-serving or self-pitying. Instead, an experienced attorney can present evidence of self-defense on your behalf in its best possible light.

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.

For more information see 720 ILCS 5/7-1.

(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.)

The post “BUT I DIDN’T START IT!”: THE ILLINOIS LAW ON SELF-DEFENSE appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

The changes in Illinois law upgrades assault or battery to an aggravated offense if you knowingly video or audio the offense with the intent of disseminating the recording. The video/audio restriction applies if your offense is based on the use of a firearm, device or motor vehicle. Using a video or audio with intent to disseminate can also be grounds for the judge to impose an extended sentence, not only for assault or battery, but in committing any felony.

Generally, assault is defined as causing someone to fear they are about to suffer a battery. Battery is defined as causing bodily harm or making physical contact of an insulting or provoking nature. Assault can become aggravated based on the status of a person, the use of a firearm or motor vehicle, or whether a person is in a public place. Battery can be upgraded based on the degree of the injury, the status of the person harmed, the location of the conduct, or if a weapon is involved. While simple assault or battery is a misdemeanor, aggravated conduct is a felony.

As of January 1, 2014, Illinois has added nurses in the performance of their duties to the list of battery victims with special status. Other victims with enhanced status include children, mentally retarded or handicapped persons, pregnant women, senior citizens over age 60, teachers, State of Illinois or school district officials, police officers, firefighters, community policing volunteers, prison officials or security guards performing their duties or if you are retaliating against them because of those duties, taxi drivers while on duty, or merchants detaining you for retail theft.

If you are charged with assault, battery or a similar offense, contact a criminal law attorney immediately. Do not speak to the police or anyone else about your situation either orally or by electronic media such as texting or Facebook. Just like in the cop shows, anything you say may be used against you. A criminal law attorney can carefully review the law and the evidence against you to help devise the best strategy for your defense. Under the revised law, the State must still prove you guilty of all the elements beyond a reasonable doubt. Perhaps you did not knowingly tape the incident or intend to share it. Even if the evidence is overwhelming, an experienced attorney may negotiate a better 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.

(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.)

The post TAPING AN ASSAULT OR BATTERY TO BE AN AGGRAVATED OFFENSE IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

What is the law? What can you do?

In Illinois, you can be charged with aggravated assault if you knowingly cause a police officer to reasonably fear that you are going to cause bodily harm while the officer is performing their duties. For example, maybe you threatened to hit the officer or you pointed a gun at them. Aggravated assault is a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine. If you used a gun, blackjack, shotgun or other weapon in threatening the officer, you can be charged with a Class 4 Felony, punishable by 1 to 3 years in jail.

If you actually harm the officer or make contact of an insulting nature such as grabbing at them, you can be charged with aggravated battery. If you did not cause great bodily harm, disfigurement or permanent disability, the charge is a Class 2 Felony, punishable by 3 to 7 years. If the police officer was seriously harmed, you can face a Class 1 Felony, punishable by 4 to 15 years. If you hurt the officer while shooting a gun, you are now eligible for a Class X felony, with a mandatory minimum prison term of 15 years. If you used a machine gun, the minimum prison term increases to 20 years.

As you can imagine, prosecutors and judges take attacks on police officers very seriously, but your situation may not be hopeless.

If you are charged with aggravated assault or aggravated battery to an officer, contact an experienced criminal law attorney immediately. As with other crimes, the State must still prove you guilty beyond a reasonable doubt. An attorney can help review your options for a defense. For example, Illinois law requires that you knew the person was an officer and that they were engaged in their official duties. If the officer was off duty or in plain clothes, you may have a defense.

Even if the evidence against you is overwhelming, an experienced attorney, familiar with the judge and prosecutors, may be able to negotiate a more beneficial plea bargain 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

(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.)

The post “I HIT A COP!:” AGGRAVATED ASSAULT OR AGGRAVATED BATTERY TO AN OFFICER IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

If your child is expelled, you will have to deal with finding an alternative place for them to go to school. This can be costly. An expulsion could also affect your child’s choice of college. Even a suspension can cause difficulties with later life choices. If your child gets in trouble at school a second time, the penalty might be that much more severe because of the initial incident.

In some cases, your child may be charged in juvenile court. Your child could end up with a juvenile criminal record.

What can you do? If the incident is charged in juvenile court, your child will be entitled to a hearing before a judge. At the high school level, your child cannot lose his or her right to attend school without first receiving procedural due process. In most cases, your student is entitled to a hearing, although not always before the suspension takes effect. In many districts, only the school board may expel your student, and you may have a right to a hearing at that stage as well.

An experienced attorney can help evaluate your child’s case to determine the best strategy to defend your child. Did the school follow its own procedural rules? Was your child an innocent bystander or acting in self defense? Even if your child started the fight, an attorney can help judge the strength of the evidence against them and can help challenge the severity of the penalty. Maybe your school has some alternative conflict resolution program.

If there is a juvenile court case, an attorney can evaluate how to proceed. You may wish to take the matter to hearing in hopes of getting the charges dismissed. If the evidence is extremely strong against your child, it might be advisable for the attorney to work out a plea arrangement.

Whether the incident is or isn’t charged in juvenile court, you and your child should not communicate with anyone but an attorney about the incident, whether by speaking, texting or emailing. Statements made to friends could end up as evidence against your child. Equally important, you and your child should refrain from discussing the incident on any Facebook, Myspace or similar pages. Any references to the incident should be removed.

If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

The post “BUT MY CHILD DIDN’T START IT”: WHEN YOUR CHILD IS FACING SUSPENSION, EXPULSION OR JUVENILE COURT CRIMINAL CHARGES FOR FIGHTING appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.