The Law Office of Brian J. Mirandola

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47 DuPage Court, Elgin, IL 60120

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Elgin criminal defense attorneyGiven the greater monetary value of a typical vehicle, auto theft is considered a very serious crime in Illinois. However, the act of starting up someone else’s car and driving away is only one scenario that is related to the theft of motor vehicles under Illinois law. Since the theft of a motor vehicle must be proven to be an intentional act, it is essential that you work with an attorney who is experienced in motor vehicle theft cases and can build a strong defense for you.

Penalties and Stealing or Possessing a Stolen Vehicle

The act of stealing or possessing a stolen motor vehicle valued at more than $10,000 is classified as a Class B felony. Penalties can include three to seven years in prison, fines of up to $25,000, and restitution for the value of the vehicle. In less serious cases or for first-time offenders, community service or probation are possible. You also run the risk of having the offense on your permanent criminal record, which can impact your employment, your housing opportunities, your ability to be admitted to academic programs, and other negative consequences.

However, even if you did not physically steal the vehicle, you could also be facing felony charges if you:

  • Buy, sell, possess, receive, conceal from the owner, dispose of, or transfer a vehicle that you know has been stolen
  • Knowingly altered or modified the vehicle’s identification number (VIN)
  • Knowingly conceal or misrepresent the identity of a vehicle or any essential part of it
  • Buy, receive, possess, sell, or dispose of a vehicle or an essential part of a vehicle that you know has a modified VIN

If the vehicle was stolen by threatening the driver or through deception, you can be charged with a Class 1 felony, with longer potential jail time of between four and 15 years, along with potential fines of up to $25,000 plus vehicle restitution. If you use a weapon, violence, or other show of force to steal a vehicle, you are facing more serious Class X felony charges. This is known as vehicular hijacking, commonly known as carjacking.

Contact an Elgin Auto Theft Defense Attorney

If you have been accused of stealing or possessing a stolen car, you need to contact the Kane County criminal defense attorney at the The Law Office of Brian J. Mirandola immediately. Charges related to auto theft are serious and I can help develop a strong defense to fight for you and get the charges reduced or dismissed completely. Call 847-488-0889 today to set up your free initial consultation.

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K4-103

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Posted on in Felonies

Kane County felony defense lawyerAs wireless technology becomes omnipresent in our cars and our homes, thieves are taking advantage to steal vehicles and sometimes much more. Law enforcement, homeowners, and car dealerships alike are trying to keep up with new ways of accessing cars in driveways, garages, and sales lots. Motor vehicle theft or even just possessing a stolen vehicle could result in felony charges. If you are facing auto theft charges, it is time to call an experienced defense attorney.

Illinois Car Thefts Being Aided by Key Fobs, Garage Door Openers

There are several different techniques being used by thieves to either gain access to a motor vehicle then start it using wireless technology.

Basic key fobs are being used to remotely start cars and then drive them straight off a dealership lot. Thieves are either breaking into dealerships to access the key fobs or dragging the safe that contains the keys close enough to the cars to gain entry and start the vehicles. Once the car is started, they can reprogram a different fob to pair with the vehicle.

Some thieves are breaking into cars in driveways to use the pre-programmed garage door openers inside. Once the garage is open, thieves have access to everything inside and sometimes even an easy entry into the house if there is an unlocked door.

Other thieves are using a device known as an amplifier, which can be used to pick up the signal from a key fob left inside a house. The signal is then sent to a smartphone or tablet, which can be used to start the car. Law enforcement warns against storing your keys close to the front of the house to make it harder to amplify the signal or keeping your keys in a metal box or even wrapped in aluminum foil.

Contact a Kane County Vehicle Theft Defense Lawyer

If you have been accused of motor vehicle theft, it is essential that you call an experienced Elgin car theft defense attorney to represent you. The felony charges you could be facing include jail time, fines, and restitution, not to mention the damage a felony can do to your future employment or education outlook. At The Law Office of Brian J. Mirandola, we will learn all the details of the case and build a strong defense for you. Many accusations of car theft result from a misunderstanding about permission to use a vehicle. Call us at 847-488-0889 for a free consultation today.

 

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K4-103

https://wgntv.com/crime/doorbell-video-thieves-use-tech-device-to-steal-keyless-suv-in-elmhurst/

https://abc7chicago.com/stolen-car-theft-dealership-schaumburg/11812064/

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Elgin criminal defense lawyerOne of the most violent and dangerous types of crime is arson, or starting fires intentionally. The Federal Bureau of Investigation (FBI), which defines arson as any “willful or malicious burning or attempting to burn with or without intent to defraud…”, states that there were nearly 33,400 incidents of arson that took place in the United States in 2019. Arson can often lead to serious injuries or even death, which is why it is punished accordingly in Illinois. If you have been charged with arson, you should know the penalties for the crime and any related charges that you may be facing.

What is Arson in Illinois?

Arson is committed when a person uses fire or explosives and:

  • Damages real or personal property valued at $150 or more; or

  • Intends to defraud an insurer and damages real or personal property worth $150 or more

For the most part, arson is charged as a Class 2 felony, which carries a potential sentence of between three and seven years in prison. If arson is committed in a person’s residence or a place of worship, it will be charged as a Class 1 felony, which carries a potential sentence of between four and 15 years in prison. All felony charges carry up to $25,000 in fines.

Elevated Charges: Aggravated Arson

In many cases, an arson charge can be elevated to aggravated arson, which is a more serious charge. Aggravated arson occurs when a person damages a structure with fire or explosives and:

  • They know or should have reasonably known that there were people inside;

  • Anyone suffers from great bodily harm or permanent disability or disfigurement; or

  • A fireman, policeman, or correctional officer is injured in the act. 

In any case, aggravated arson is classified as a Class X felony. This means that a person convicted of aggravated arson can face between six and 30 years in prison, depending on the circumstances surrounding the case. 

Contact an Elgin, IL Arson Defense Attorney Today

In many cases, an arson charge is extremely serious and can result in many years in prison. In some cases, arson charges can even be elevated to aggravated arson, which is a Class X felony -- the most serious of felony charges. If you have been accused of committing arson, you should speak with our knowledgeable Kane County arson defense lawyers today. At the Law Office of Brian J. Mirandola, we can evaluate the evidence, find weaknesses in the prosecution's case, and build a robust defense against the charges. To schedule a free consultation, call our office today at 847-488-0889.

 

Sources:

https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/arson

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+20&ActID=1876&ChapterID=53&SeqStart=63800000&SeqEnd=64600000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073000050HCh%2E+V%2E+Art%2E+4%2E5&ActID=1999&ChapterID=55&SeqStart=28100000&SeqEnd=30600000

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elgin defense lawyerIn everyday conversation, we often use the terms “theft,” “robbery,” and/or “burglary” in place of one another. However, in the legal world, these three terms all have very distinct meanings and carry different sentences if a person were to be convicted of those crimes. A burglary charge is a serious offense in Illinois and can result in felony charges and potential imprisonment. If you have been accused of burglary in Illinois, having a skilled criminal defense attorney on your side can be immensely helpful. 

Defining Burglary and Residential Burglary in Illinois

When a crime is referred to as “burglary,” the alleged crime took place in a building, such as a warehouse. In the state of Illinois, a charge exists specifically for burglaries that take place inside of a person’s home. The crime of residential burglary occurs when a person knowingly and without authority enters or remains inside of a person’s home with the intent to commit a felony or theft.  In other words, you do not actually have to commit a crime or steal anything -- you can be convicted of residential burglary if the prosecution can prove that you unlawfully entered the home and had the intention of committing a crime or theft. A residential burglary offense can also apply to a person who falsely represents themselves as a person from a utility, construction, or telecommunications company, or member of the government, with the intent of committing residential burglary.

Penalties for Burglary and Residential Burglary

Typically, a general burglary case results in a Class 3 felony charge, bringing a potential two- to a five-year prison sentence. If the building was damaged in the process, the charge would elevate to a Class 2 felony, which has the potential of between three and seven years in prison. If the burglary took place in a daycare center or place of worship, then the charge can be elevated to a Class 1 felony, carrying a potential sentence of four to 15 years in prison.

Discuss Your Case With a Kane County Burglary Defense Attorney

If you have been accused of any type of theft or burglary crime, you need help from an experienced Elgin, IL burglary defense lawyer. At the Law Office of Brian J. Mirandola, we will look over all of the facts surrounding your case to help you build the best defense for your situation. To schedule a free consultation to get started working on your case, call our office today at 847-488-0889.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073000050HCh%2E+V%2E+Art%2E+4%2E5&ActID=1999&ChapterID=55&SeqStart=28100000&SeqEnd=30600000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+19&ActID=1876&ChapterID=53&SeqStart=63000000&SeqEnd=63800000

 

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Kane County felony defense attorneyOf all the different types of criminal charges that a person can face, some of the most serious involve the accusation that a person caused someone else’s death. While intentionally killing someone else can lead to charges of first-degree or second-degree murder, a person may also face felony charges if they are accused of accidentally causing someone’s death. Depending on the circumstances, the offenses of involuntary manslaughter or reckless homicide may apply. Those who are facing these types of charges will want to understand how Illinois law applies to their situation and the potential penalties they could face if they are convicted.

Involuntary Manslaughter and Reckless Homicide Charges

A person may be charged with involuntary manslaughter if they unintentionally kill someone else without a lawful justification. Typically, involuntary manslaughter charges will apply if a person acted recklessly in a way that was likely to cause great bodily harm or death to someone else. In most cases, involuntary manslaughter is charged as a Class 3 felony, and a conviction can result in a prison sentence of two to five years. A person who is convicted of a felony may also be required to pay a fine of up to $25,000.

There are a few situations where more serious felony charges will apply for an involuntary manslaughter case. If the alleged victim was a peace officer, a person may be charged with a Class 2 felony, and a conviction will result in a prison sentence of three to seven years. Class 2 felony charges will also apply if the victim was a member of the alleged offender’s family or household, and in these cases, a conviction can result in a prison sentence of 3 to 14 years.

If a person causes someone else’s death because of the reckless operation of a motor vehicle, watercraft, snowmobile, or all-terrain vehicle, they may be charged with reckless homicide. This could include situations where a person allegedly caused a car accident because they violated traffic laws or committed DUI. Reckless homicide is a Class 3 felony.

Reckless homicide charges may be increased to a Class 2 felony in certain situations, and a conviction may result in an extended prison sentence. If a person allegedly committed reckless homicide in a school zone or construction zone, they may face a prison sentence of 3 to 14 years, and if two or more people were killed, a conviction can result in a prison sentence of 6 to 28 years. The same penalties will apply if a person allegedly killed someone through a violation of Scott’s Law, which requires drivers to slow down and move over when approaching an emergency vehicle that is stopped on the side of the road.

Contact Our Kane County Manslaughter Defense Lawyer

If you have been accused of accidentally killing someone else, you could be facing serious felony charges, and a conviction could lead to a sentence of several years in prison, as well as large fines. At The Law Office of Brian J. Mirandola, we can help you determine the best defense strategy against these charges, and we will fight to protect your rights during your case and minimize the potential penalties that you may face. Contact our Aurora reckless homicide defense attorney today at 847-488-0889 to arrange a free consultation.

 

Sources:

https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K9-3

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-907

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073000050HCh%2E+V%2E+Art%2E+4%2E5&ActID=1999&ChapterID=55&SeqStart=27300000&SeqEnd=29800000

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Avvo Illinois State Bar Association Kane COunty Bar Association
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