WHAT IS THE OFFENSE OF CHILD ENDANGERMENT IN ILLINOIS?

Posted on September 25, 2021 by admin

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 to be placed in an endangering situation. (See 720 ILCS 5/12C-5.)

Under the law, if you leave a child age 6 or younger, unaccompanied by someone at least age 14 and out of your sight, the child may be considered unattended. Illinois courts have convicted parents for leaving a baby in a car for close to an hour and leaving a loaded gun within reach of a child. p>If you are convicted of child endangerment, a judge may defer judgment of your guilt by placing you on probation and requiring you to cooperate with the Department of Child and Family Services. If you successfully complete these terms, the case against you may be dismissed. (See 720 ILCS 5/12C-15).

If you have been charged with endangering a child or a similar 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. Can the state prove that you were the person who endangered the child or that you did it knowingly? Even if 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.)

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CAN I PLEAD ENTRAPMENT AS A DEFENSE?

Posted on September 10, 2021 by admin

(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 don’t have a problem with other people using them. At first, you said you couldn’t help, but the person kept badgering you until finally you gave in. Turns out the person was a police officer and you are now charged with dealing.

Is this entrapment?

Quite possibly. To plead entrapment in your defense, you must present at least slight evidence that (1) the State induced you to commit the crime, and (2) you were not otherwise predisposed to do so. Once the trial court accepts your slight evidence, the State must then prove beyond a reasonable doubt why the entrapment defense does not apply. Your predisposition can be shown by proof that you were ready and willing to commit the crime without persuasion and before your initial exposure to government agents.

For example, in People v. Lewis, the defendant was accused of various sex offenses stemming from an online relationship with a child. The defendant, however, presented evidence that he had no predisposition to a sexual interest in children and that an officer was the first person to bring up the possibility of sex with minors and persisted in pursuing that option even after defendant showed he was not interested.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Were you pushed into the crime? Even if you weren’t, 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.)

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WHAT IS SELF DEFENSE IN ILLINOIS?

Posted on August 24, 2021 by admin

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) you actually and subjectively believed there was a danger that required you to use that force; and (6) your belief was objectively reasonable. See 720 ILCS 5/7-1. Self defense can include defense of another.

To claim self defense, you cannot be the initial aggressor. Therefore, you cannot start a fight and then cry self defense because you were on the losing end. However, throwing the first punch does not necessarily make you the aggressor if the other party initially provoked the use of force.

For example, People v. Cruz involved a dispute that started on a Chicago Transit Authority bus. The defendant got on the bus without at first paying his fare and was yelling at the driver. The driver and another passenger named Perkins discussed the defendant’s difficult behavior. After some back and forth, Perkins grabbed defendant and threw the first punch. Defendant stabbed Perkins in the chest. Although Perkins threw the initial punch, defendant could not claim self defense because he had brandished a knife. The court held that brandishing a weapon is one way for a defendant to become the initial aggressor.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Do your actions qualify for self defense or another legal defense such as necessity? An attorney who is familiar with your particular judge may be able to present the facts of your case in their most persuasive light.

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.)

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

Posted on August 7, 2021 by admin

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 of trust, authority, or supervision in relation to the victim.

In Illinois, “trust,” means the victim has confidence in your integrity, ability, character, and truth. For example, in People v. Miki, the defendant was a soccer coach, and the victim had been on his team starting in sixth grade. The criminal conduct occurred about a month after she had left the team when she was 17. In finding defendant held a position of trust, the court reasoned that the victim’s family allowed her to ride alone with him to games. Further, the defendant, the victim and their families attended the same church, where the victim’s father was a pastor. The victim at times sat with defendant during services. Therefore, the evidence was sufficient to uphold defendant’s conviction based on a position of trust.

If you have been charged with criminal sexual abuse or a similar offense, contact an experienced criminal law attorney immediately. Whether you occupy a “position of trust” can be a highly fact specific question, the answer to which may depend on your particular judge. An attorney who is familiar with the courthouse can best attempt to present the facts of your case in their most favorable light in the hopes of winning a not guilty verdict. Even if the evidence is overwhelming, the attorney 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.)

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

Posted on July 23, 2021 by admin

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 determine if a one-act, one-crime violation has occurred, the court looks at 1) whether your conduct consisted of a single physical act or separate acts, and 2) whether any single act formed the basis for separate but lesser-included offenses.

In People v. McCloud, the defendant abducted and sexually assaulted a woman off the street. The court found that within that one event, defendant had performed multiple acts. First, defendant forced the victim into an abandoned house, which supported a conviction for unlawful restraint. Then, Defendant grabbed the victim’s breast, which supported a conviction for criminal sexual abuse. Finally, the victim nearly escaped several times only to be recaptured and touched or penetrated by defendant. This touching in an insulting nature supported a separate conviction for battery.

However, in People v. Reveles-Cordova, the court reversed the defendant’s conviction for criminal sexual assault because all the elements of that offense were contained within the offense of home invasion. Therefore, the defendant could not be convicted of both.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Can your act be broken into multiple crimes or did the state “overcharge” you? Even if 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.)

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WHEN CAN I BE CONVICTED OF A LESSER INCLUDED OFFENSE?

Posted on July 2, 2021 by admin

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 you of a lesser-included offense even if you were not originally charged with that offense.

Under Illinois law, you may be convicted of a lesser-included offense if it is within the offense for which you were charged and the evidence at trial supports conviction on the lesser offense and acquittal on the greater offense.

For example, in People. v. VanHoose, the defendant was arrested for threatening a public official. The trial court found the evidence insufficient to convict on that charge but instead convicted defendant for the lesser-included offense of assault. (In this case, the appellate court disagreed that there was sufficient evidence to convict defendant of assault and reversed the trial court.)

If you have been charged with a criminal offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. As with most criminal charges, the state must prove all the elements of an offense beyond a reasonable doubt. Can the state prove the lesser-included offense? Even if 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.)

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WHAT IS LEWD UNDER ILLINOIS CHILD PORNOGRAPHY LAW?

Posted on June 6, 2021 by admin

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 ILCS 5/11-20.1, the offense of child pornography includes knowingly possessing an image of a child that you should have reasonably known was under age 18 where the child is depicted in any pose or setting while lewdly exhibiting the child’s unclothed (or transparently clothed) genitals, pubic area, buttocks, or fully or partially developed breast (if female).

In People v. Barger, the defendant was convicted based on one photo of a nude 8- to 10-year old girl swinging on a tether ball on the beach. The appellate court applied a six-factor test to decide if the image was lewd: (1) Was the image’s focal point was on the child’s genitals? (2) Was the setting sexually suggestive, (3) Was the child depicted in an unnatural pose or in inappropriate attire considering the child’s age? (4) Was the child fully or partially clothed or nude? (5) Did the image suggest sexual coyness or a willingness to engage in sexual activity? and (6) Was the image intended to elicit a sexual response in the viewer? Not all six factors must be present to find that an image is lewd.

The appellate court found that only one of the four factors was present—the child was nude. Otherwise, the photo’s focal point was not the child’s genitals; there was nothing sexually suggestive about the photo’s setting which was the beach; the child’s pose was not unnatural; nothing suggested sexual coyness and the photo was not taken in a way to elicit a sexual response. Therefore, the defendant’s conviction was overturned.

If you have been charged with child pornography or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Should you have known the child was under age 18? Is the image truly lewd? An attorney who is familiar with your particular judge can best argue the six factors in the light most favorable to you in hopes of winning your acquittal.

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.)

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CHALLENGING A PHOTO IDENTIFICATION OR LINE UP IN ILLINOIS

Posted on May 17, 2021 by admin

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 were the only person wearing a t-shirt and jeans.

Can you challenge the line up?

Under Illinois law, you have a due process right to be free from identification procedures that are unnecessarily suggestive and are conducive to an irreparable mistaken identification. If the line up was unduly suggestive, your attorney may be able to petition the court to suppress the fact that a witness selected you.

To do so, you must show that you were denied due process because of the way the line-up was performed. Once you meet that burden, the state must clearly and convincingly show that the witness picked you solely based on his or her memory of events at the time of the crime.

A court will consider whether the procedure was unduly suggestive, and the identification not independently reliable. To determine reliability, the court considers: 1) the witness’s opportunity to view you during the offense, (2) the witness’s degree of attention at the time of the offense, (3) the accuracy of any prior description by the witness, (4) the witness’s level of certainty at the identification, and (5) the length of time between the crime and the identification.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Did police follow correct procedure in obtaining any evidence against you? 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.

Reference: People v. Bahena.

(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 BATTERY IN ILLINOIS?

Posted on May 3, 2021 by admin

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” means you were consciously aware that your conduct was practically certain to cause a particular result. In People v. Jackson, 2017 IL App (1st) 142879, the defendant did not act knowingly because he did not understand what was happening to him and appeared to be suffering from a psychological issue. Being drugged or intoxicated, however, is not a defense, unless your intoxication was involuntary, and you were deprived of the substantial capacity to appreciate the criminality of your conduct.

If you had legal justification, you may wish to raise it as a defense. Illinois courts have upheld legal justification where a defendant was attempting to break up a fight, but not where the defendant was attempting a citizen’s arrest on a municipal ordinance violation.

The definition of “bodily harm” or “insulting physical contact” can be rarther vague. It seems pretty clear that stabbing or punching someone would cause bodily harm. Short of that, an offensive contact is something that might provoke a breach of the peace. Illinois courts have cited spitting or pushing. In People v. Williams, the court held that contact was still provoking or insulting even when the victim is unconscious.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. Can the state prove all the elements of the offense beyond a reasonable doubt? An attorney can probe for weaknesses in the state’s case and present your case in its most favorable light.

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.)

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WERE YOU CAPABLE OF WAIVING YOUR MIRANDA RIGHTS?

Posted on April 26, 2021 by admin

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 communication. If instead police restart the conversation, your statements will be presumed involuntary and will not be admissible at trial. To determine admissibility, the court looks at 1) whether you, rather than police, started the conversation in a manner demonstrating a willingness to discuss the investigation, and 2) if so, whether you knowingly and voluntarily waived your Miranda rights.

To knowingly waive your rights, the waiver must reflect an intentional relinquishment or abandonment of a known right or privilege. That means you were fully aware of both the nature of the right you gave up and the consequences of your decision to abandon it. A waiver is not voluntary if you suffered from an intellectual disability or if police continued questioning you after you requested an attorney.

In People v. Kadow, the defendant was intellectually disabled with an IQ in the 50s, and the officer, had threatened him with jail if he did not answer questions. The court reflected that the intellectually disabled are considered more susceptible to police coercion than people of normal intellect. Thus, the defendant could not knowingly and voluntarily waive his rights.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. If police coerced you into talking or you were otherwise incapable of waiving your rights, an attorney may be able to petition the court to suppress any incriminating statements that you involuntarily made.

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.)

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