A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160

You commit assault when, without lawful authority, you knowingly engage in conduct which places another in reasonable apprehension of receiving a battery. Assault is a Class C misdemeanor, punishable by up to 30 days in jail. (See 720 ILCS 5/12-1).

In defining assault, Illinois courts have held that words alone are usually not enough without some action accompanying those words. Further, a victim must be in fear of immediate battery, not of undetermined future harm. (Note that certain factors such as the victim’s age can upgrade an assault charge into aggravated assault which can be a Class A misdemeanor or Class 4 felony. See 720 ILCS 5/12-2).

Examples of threatening conduct that meet the definition of assault include cases where a defendant has his or her hand on a gun or a tire iron while threatening physical harm. In one case, the defendant drove his car within a few feet of the victim, who was confined to a wheelchair, shouted at her, exited his vehicle, and then came within a foot of her and threatened to “beat her head in.”

However, in People. v. VanHoose, the court did not find sufficient evidence to convict another defendant of assault. There was no evidence of conduct that would place a reasonable person in fear of imminent harm given that he was 15 or 20 feet away from the alleged victim when he made the threats and there were obstacles between them.

If you have been charged with assault or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. Can the state prove all the elements of your offense beyond a reasonable doubt? Even if the police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois 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.)

In Illinois, you commit stalking when you knowingly engage in a course of conduct directed at a specific person, and you knew, or should have known, that this course of conduct would cause a reasonable person to fear for their or a third person’s safety or cause them to suffer other emotional distress.

Stalking also means that you knowingly and without legal justification followed another person or placed that person under surveillance at least twice, and you threatened or caused the person to reasonably fear a threat of bodily harm, sexual assault, confinement or restraint. The threat must be directed at that person or their family member.

A course of conduct means two or more acts, “including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person’s property or pet. A course of conduct may include contact via electronic communications.” (See: 720 ILCS 5/12-7.3).

In People v. Ashley, the Illinois Supreme Court defined the term “threatens” to mean “true threats” of unlawful violence such as bodily harm, sexual assault, confinement and restraint. The court rejected the argument that the law was unconstitutional, finding the term “threatens” was not overly broad and thus did not infringe free speech.

Stalking is a Class 4 felony, but a later offense is a Class 3 felony.

If you are charged with stalking or a similar offense, contact an experienced criminal defense attorney immediately. Do not try to talk yourself out of your situation. What seems like a reasonable explanation to you might instead give the state the evidence needed to convict you. An experienced attorney can instead review your case for your most favorable defense. Can the state prove all the elements of the offense beyond a reasonable doubt? Did you know the victim was in the area? Were the statements you made actually threats? Is the victim’s fear of harm reasonable?

If you have questions about this or another related Illinois 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.)

You were driving around town with your friend. You stepped a little too heavy on the gas, so the police stopped you for speeding. At first, you weren’t too concerned, but then the officer pulled a plastic baggie out from under your friend’s seat. Can you be arrested for that?

The answer depends on whether the state can prove the contraband was yours. Possession can be actual or constructive. Actual possession means you basically had the item on your person. Constructive possession means you knew the drugs or weapons were present, and you exercised immediate and exclusive control over the area in which they were found.

If the baggie was under your seat or you were the only person with access to the car, the state may prove constructive possession. If instead the baggie was hidden from you and out of your reach but not your friend’s, you may be able to raise a reasonable doubt that the item was yours.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. As with most criminal offenses, the state must prove all the elements of the offense beyond a reasonable doubt. An experienced attorney can probe for weaknesses in the state’s case.

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

Reference: People v. Thomas.

(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.)