If your burglary is not within a dwelling, then you may be eligible for the lesser charge of simple burglary, a Class 2 felony. So how do you know whether the home you were in was really a dwelling?

The residential burglary statute defines a dwelling as “a house, apartment, mobile home, trailer, or other living quarters in which at the time of the alleged offense the owners or occupants actually reside or in their absence intend within a reasonable period of time to reside.” (720 ILCS 5/2-6(b), 19-3(a).)

Under Illinois case law, a home is not a dwelling if the owners have moved away and do not intend to return, even if the property is up for sale and may be occupied at some later time. See People v Brett Roberts. Further, a building owned by a real estate developer was not a dwelling even though the developer visited the premises and planned on remodeling. See People v Marcello Moore. In either case, there were no specific individuals who lived there or intended to move in.

If you are charged with burglary, contact an experienced criminal law attorney immediately. An attorney can review your case to help you present the best possible defense. As with most criminal charges, the state must prove every element of the charge beyond a reasonable doubt. With residential burglary, the state must prove that the building is a dwelling. Otherwise, at the very least, your charges must be reduced.

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.

Also see: Illinois Burglary Statute.

(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.)

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As of January 1, 2013, the Offender Initiative Program allows certain types of first-time felony defendants to avoid a conviction on certain conditions. The Program only applies to first-time offenders for non-violent crimes such as retail theft, motor vehicle theft, burglary or drug possession. Your offense must be eligible for probation, and you may need an attorney to help you get into the Program.

The Program does not apply to any type of violent crime such as domestic battery, stalking, sex crimes, hate crimes, possessing a weapon or even DUI. If you have a prior felony probation or a conviction, you cannot participate.

If you are eligible for the Program, the proceedings against you will be put on hold for at least a year while you participate in the program. You will be ordered not to violate any other criminal laws (including traffic offenses), take drugs or possess a weapon. You may have to pay back anything you took or damaged. You may be ordered to hold a job, perform community service, take classes, get counseling or undergo drug testing.

If you stay on track, the charges against you could be dismissed. You will still need to petition for an expungement to get your criminal record completely erased. If you fail the program, you will again face the original felony charges.

If you are charged with a felony or other crime, contact an experienced criminal law attorney immediately. An experienced attorney can review your case to determine the best possible strategy for handling your case. While the Program may be ideal in many situations, it may not always be your best option. Maybe the evidence against you is weak, and you would be better off winning a dismissal. Even if the program is right for you, an attorney can help insure that you are allowed to participate.

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. Source: 730 Illinois Compiled Statutes 5/5-6-3.3.

(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.)

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What can happen to you? What can you do?

Arson is among the most serious crimes that you can commit in Illinois. Setting fire to someone’s property, be it a building, a car or some other personal property, without the owner’s consent is a Class 2 felony, punishable by 3 to 7 years in jail. If you torch someone else’s residence or a church, the charge is bumped up to a Class 1 felony, punishable by 4 to 15 years.

Arson can be particularly complicated if other crimes are caused by the original act. For example, if someone was injured as a result of the fire, you could be charged with attempted murder.

Arson includes damages caused by fire or explosives. Even if you own the property you burned, it is still arson if you intended to defraud an insurance company or if you lacked authority to damage the property.

If you are charged with arson, contact an experienced criminal law attorney immediately. You should not talk about your case with anyone, and you should refuse to answer questions from police. An attorney can review your case to determine the best possible strategy for your defense.

As in most crimes, the state must prove you guilty beyond a reasonable doubt. Can they prove it was you who set the fire? The law requires that you acted knowingly. Was the fire an accident? Did you have a right to set it?

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.

Source: 720 Illinois Compiled Statutes 5/20.

(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 BIG TROUBLE: THE CRIME OF ARSON IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Why isn’t your felony case being handled in Chicago?

In Cook County, Chicago felony cases are generally assigned to the Criminal Courts Building at 2600 S. California. However, Chicago is the third largest city in the United States, and that means a comparably large number of felony cases that go through one relatively small building.

According to a 2007 study by the Chicago Appleseed Fund for Justice, Chicago’s criminal court system handles more than 28,000 felonies per year. Probation handles 23,000 cases per year and the neighboring jail harbors 10,000 inmates awaiting trial. (A Report on Chicago’s Felony Courts.) All this falls on the shoulders of the 29 judges currently listed for that courthouse. (Cook County Court Directory.) The 2007 study found that each judge had an average of 275 cases pending at any one time, with little time available for trials.

As a result, something had to give. Any felony case overflow is directed to two suburban courthouses. If your offense took place south of Madison Street, then you could be assigned to the Bridgeview Courthouse at 10220 S. 76th Street. If your offense was north, you may be appearing at the Skokie Courthouse at 5600 Old Orchard Road.

No matter where your case may be heard, it is essential to have an experienced criminal law attorney who is familiar with the judges in that courthouse. Many a defense strategy is based on gauging how a judge might react to your individual situation.

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.)

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But there is a whole host of ways in which simple battery can be upgraded to a more serious aggravated battery charge. Aggravation can be based on the type of injury, the type of victim or the place of the offense. Charges can range from a Class 3 to a Class X Felony with a penalty range of 3 to 60 years in prison. If guns are involved, you could face a minimum prison term of 20 years and have up to 25 years added to any sentence if you harmed a child under the age of 13.

You can be upgraded to aggravated battery if you knowingly strangle someone or cause great bodily harm, disfigurement or severe and permanent disability. This includes injury from a bomb, flammable gas, poison or throwing a caustic substance such as lye at someone.

Even if the injury was not severe, aggravation can be based on the victim’s status. It is aggravated battery to harm a child, mentally retarded or handicapped person, pregnant woman, senior citizen over age 60 or a teacher. The charge is also enhanced if you harm a State of Illinois or school district official, police officer, firefighter, community policing volunteer, prison official or security guard when they are performing their duties or if you are retaliating against them because of those duties. Persons protected also include taxi drivers while on duty or a merchant detaining you for retail theft. And as of January 1, 2014, the Illinois legislature added nurses in the performance of their duties to the list.

You can be charged with aggravated battery if the offense took place in a public place, a sports venue or a domestic violence shelter.

There are also enhanced penalties for shooting someone with a gun or machine gun.

If you are charged with 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. Maybe you were acting in self defense. Maybe the firefighter you hurt was off duty.

Even if the evidence is overwhelming, an experienced attorney may to 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.)

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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.

Illinois prohibits impersonating a police officer, firefighter, emergency management worker, attorney, veteran, parent/legal guardian or airplane pilot. The State takes these offenses so seriously that some laws were toughened in 2006 with unanimous House legislative approval in response to a Chicago Sun-Times series reporting that more than 1,000 police impersonations had taken place in Illinois within a three year period.

In Illinois, falsely and knowingly impersonating a peace officer is a Class 4 felony, punishable by 1 to 3 years in jail and a $25,000 fine. Besides police, a peace officer includes U.S. Marshals, Internal Revenue Service, postal service, drug enforcement and immigration employees. If you were using a vehicle with flashing or oscillating lights, the charge is upgraded to a Class 2 felony, punishable by 3 to 7 years and a $25,000 fine. If you were carrying a deadly weapon, the charge is a Class 3 felony, punishable by 2 to 5 years and a $25,000 fine. If you were engaged in a felony, you could be charged with Aggravated False Personation of a Peace Officer, a Class 1 or Class 2 felony, depending on the nature of the crime. The impersonation charge would be in addition to any charges brought for the underlying felony.

Even duplicating a law officer’s badge is illegal. You can be charged with a Class A Misdemeanor, punishable by up to 1 year and $2,500 for making, selling or distributing false law enforcement badges, unless they are used for a memento or collection, exhibition, decoration or dramatic purpose such as for a play.

Impersonating a firefighter is also a Class 4 felony, upgraded to a Class 3 if you were carrying a deadly weapon and to a Class 2 for Aggravated Personation if you were committing a felony at the time.

Impersonating an emergency management or American Red Cross worker is a Class 4 felony, unless you were engaged in a felony, in which case it is Aggravated Personation and a Class 3 felony.

Anyone who pretends to be a pilot, airline employee or a contractor to gain access to restricted areas of the airport can be charged with a Class 4 felony. Impersonating an attorney is also a Class 4, while falsely presenting yourself as a parent or legal guardian to a public or school official is a Class A Misdemeanor.

If you were thinking that pretending you are a veteran will help you get a job, you could be charged with a Class A Misdemeanor.

If you are charged with impersonation, contact an experienced criminal law attorney immediately for help. Do not discuss your case with the police or anyone else. Any statements you make can be used against you and may complicate your defense. Remember, the state must prove you are guilty of the offense beyond a reasonable doubt. An experienced criminal law attorney can review your situation for weaknesses in the state’s case and help devise the best possible strategy for your defense.
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.)

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What is contraband under the law? What can you do?

Recent changes to Illinois law have made it a Class 1 Felony to bring into or even possess electronic contraband at a penal institution such as a jail, prison, police lock up or even a halfway house. Electronic contraband is defined as “any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment brought into or possessed in a penal institution without the written authorization of the Chief Administrative Officer.” ( See 720 ILCS 5/31A-1.1. or http://www.ilga.gov/legislation/ilcs/documents/072000050K31A-1.1.htm. )

In one recent Chicago case, a volunteer legal aid attorney was charged with a Class 1 Felony for bringing in a cell phone to a police lock up. (See http://articles.chicagotribune.com/2011-04-02/news/ct-met-lawyer-charged-phone-0403-20110402_1_police-interview-police-stations-criminal-defense-lawyers .)

Besides electronic equipment, you cannot bring in alcohol, drugs, hypodermic syringes, firearms, devices that defeat security mechanisms such as handcuff keys or lock picks and tools that can cut through metal. Bringing in drugs, syringes, weapons, lock picks, metal cutters and electronic devices are Class 1 Felonies punishable by 4 to 15 years in prison and up to a $25,000 fine. Alcohol is a Class 4 Felony (1 to 3 years), while cannabis or marijuana is a Class 3 (2 to 5 years). Firearms, ammunition or explosive devices carries the stiffest charge with a Class X Felony (minimum of 6 years).

To prove that you brought in contraband, the State must show that you knowingly and without authorization brought the contraband into a penal institution or caused someone else to do it, or left the contraband where an inmate could get it. To prove possession, the State need only show that you had the contraband regardless of your intention. Whether you are charged with possession or bringing in, the penalties are the same. Therefore, even if you inadvertently brought your cell phone into the lock up, you could be charged with the Class 1 felony.

Do you have a defense? As with most criminal charges, the State must prove your guilt beyond a reasonable doubt. An experienced criminal attorney can assess the evidence against you to probe for holes in the State’s case. As an element of bringing in contraband, the state must show that you did it knowingly. With possession, the intent is not required, however, you may still have a defense if you had authorization either by regulation or court order.

If you are charged with bringing in or possessing contraband, contact a criminal law attorney immediately. Do not make any statements to the police or to anyone else. Any attempt to defend yourself could backfire. Do not discuss your case on any electronic media.

If you have questions about this or another criminal matter, please contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan serves the communities of Arlington Heights, Chicago, Des Plaines, Glencoe, Glenview, Highland Park, Morton Grove, Mount Prospect, Northbrook, Northfield, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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