Domestic battery is defined as knowingly and without legal justification causing bodily harm or making physical contact of an insulting or provoking nature with a household or family member. A first offense is a Class A Misdmeanor punishable by up to one year in jail. Subsequent offenses were a Class 4 felony, punishable by 1 to 3 years.

The change in the law, however, comes into play when you have more than two prior domestic battery convictions. If you have three prior convictions, your offense is now a Class 3 felony, punishable by 2 to 5 years in jail. Four or more convictions is a Class 2 felony, punishable by 3 to 7 years. Illinois law already provided a mandatory 72 hours of jail time on a second or subsequent conviction.

If you are charged with domestic battery, contact an experienced criminal law attorney immediately. Do not communicate with others or the police about your case. Any attempt to explain yourself may come across as though you are trying to blame the victim and may give the prosecution the evidence they need to convict you. You should also make every effort to avoid direct or third-party contact with the complaining witnesss, since it may well exacerbate an already difficult situation.

An experienced criminal law attorney can review your case to determine the best possible defense. Was the physical contact truly insulting? Did you have legal justification? Perhaps you really were acting in self defense. Was the person a member of your household? Even if the evidence against you is overwhelming, an experienced attorney who is respected in the courthouse may be able to work out 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.

For more information, see Revised Domestic Battery Law and Governor Quinn Signs Law to Crack down on Domesric Violence in Illinois.

(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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Can you be convicted if you didn’t know the check was a fraud? What can you do?

In Illinois, forgery includes when a person knowingly and with intent to defraud “makes a false document or alters any document to make it false and that document is apparently capable of defrauding another” (720 Illinois Compiled Statutes 5/17-3). Your boyfriend clearly has broken the law. He made the check knowing it was false with the intent of defrauding the bank—and maybe even yourself.

But what about you? All you did was sign. Are you now facing conviction for 2 to 5 years in jail for a Class 3 felony?

Under Illinois law simply endorsing a check is enough to make or alter a document. The key element is whether the forgery “was made for the purpose of and is capable of defrauding.” People v Brown. Your endorsing the check made it capable of defrauding, since without the endorsement, the bank might not have cashed it.

Is your situation hopeless? Not necessarily. If you are charged with forgery, you should contact an experienced criminal law attorney immediately. As with other criminal offenses, the state must prove you guilty beyond a reasonable doubt. The fact you cashed the check without knowing it was false or having an intent to defraud the bank may be a defense.

Forgery is not limited to bad checks. It can include falsifying an academic degree or some other document. Forgery also includes 1) issuing or delivering a document that you know is false, 2) possessing an altered document that you intend to deliver, 3) unlawfully using someone else’s digital signature or signature device.

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 BE CAREFUL WHAT YOU SIGN!” THE LAW ON FORGED CHECKS IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Stores such as Whole Foods may use plain clothes security. You don’t realize that shopper down the aisle is really keeping an eye on your behavior. Are you watching the cashier more than you are shopping? Do you seem nervous? Are you wearing unusually warm or bulky clothes on a hot day?

Other stores, such as Macy’s, use security cameras. These cameras are not stationery. Store personnel zoom in on you if you seem suspicious, and they can pick up a surprising amount of detail.

Stores also rely on security tags to set off alarms if you leave the premises, two-way mirrors to prevent theft in the dressing room, and security alert codes to let store personnel know of a suspicious shopper.

No matter how you are caught, an arrest for retail theft can be embarrassing and scary. Illinois law takes retail theft very seriously. Stealing more than $300 in merchandise bumps you up to a Class 3 felony, punishable by two to five years in jail. Less than $300 is still a Class A Misdemeanor, punishable by up to one year for a first offense, and a Class 4 Felony, punishable by 1 to 3 years for subsequent offenses. You can also get sued in civil court for the cost of the merchandise plus attorney fees.

If you are arrested for retail theft, call an experienced criminal law attorney immediately. Do not attempt to explain yourself to store security or police. What you think sounds like a reasonable explanation may become a confession to the crime. Do not discuss your case with third parties, or they could be called in as witnesses against you.

An experienced criminal law attorney will review your case to determine the best strategy for your defense. Even if the evidence is overwhelming, an attorney who is respected at the courthouse may be able to get you 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.)

Source: http://retail.about.com.

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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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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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