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IL defense lawyerSexual assault is a felony crime in Illinois and can be considered a crime of domestic violence if the abuser is related to their victim.

Illinois law defines sexual assault as one person commits an act of sexual penetration without the consent of the other person involved. Another type of sexual assault is called “statutory rape” in which a person over the age of 18 years old engages in a sexual act with a minor - under 18 years old. Even if the minor gives consent, they are not considered old enough to be able to give proper consent and the adult can be charged with sexual assault.

According to Illinois Law

Illinois legislation reports that most cases of sexual assault are not even reported, let alone convictions made. Approximately only one in five reported cases end in a conviction; the number is so low because of the impact in which sexual assault takes on the victim.

Victims tend to face long-term mental scars after an attack. Not all of them are able to relive the trauma in order to bring their abuser to justice. Other cases do not end in conviction due to lack of evidence or false accusations.

Those that are convicted, however, face severe penalties:

  • First offenders are charged with a Class 1 felony punishable by a prison term of four to 15 years.
  • Second offenders are charged with a Class X felony punishable by either a lifetime prison sentence or a term of 30-60 years.
  • Aggravated sexual assault - if the offender uses a weapon, the victim is under 8 years old, or the victim is mentally disabled - results in a Class X felony punishable by a mandatory prison term of six to 30 years with the possibility of being extended to a life sentence.

Additionally, anyone convicted of sexual assault is required to register as a sex offender. In Illinois, a sex offender is required to register annually for a 10-year term. An offender only needs to register for 10 years unless they are labeled a “sexual predator” and then they will need to register for the remainder of their life.

Ways to Defend Allegations of Sexual Assault

Alleged sex offenders should hire an attorney who can investigate their case and avoid false convictions. It is not uncommon for victims to make a mistake and identify a wrong suspect during the investigation. Other times, a victim can falsely accuse an alleged abuser of the crime in order to get them into trouble.

Whatever the case, a lawyer will be able to learn the truth and build a strong defense:

  • There was consent: a lawyer could be able to prove that the defendant and their alleged victim consensually engaged in “hardcore” or “violent” sexual contact.
  • Mistaken identity: if an accused abuser shares physical qualities with a lot of other people, they can be mistaken for the actual criminal. A defense would be to find an alibi who can account for the accused’s whereabouts during the incident.
  • Insanity: a lawyer could prove that their client is not in the right state of mind to know right from wrong.

Contact an Elgin, IL Criminal Defense Attorney

A sexual assault conviction will change a person’s life forever. If the accused is an innocent person, they will have to face punishments unnecessarily. The lawyers of the Law Offices of Brian J. Mirandola are capable of making sure anyone accused of sexual assault can avoid a negative outcome to their case. To schedule a free consultation with a Kane County criminal defense lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-1.20

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3731&ChapterID=54

https://www.isp.state.il.us/sor/faq.cfm?CFID=146006236&CFTOKEN=7e765f6e95c15f6c-3D3AA5CD-D893-F221-E6E5D902A39087CE&jsessionid=ec30dd33bd14bbd52e956c26a622b604f405#register

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Posted on in Felonies

IL defense lawyerIn the state of Illinois, there is no specific “grand theft auto” law. So when someone steals a car or other motor vehicle, it is included in Illinois’ general theft law. This means, if someone is caught in possession of a stolen vehicle, they will face felony charges and all the punishments that come with them.

Defining Vehicular Theft

As stated above, the act of stealing a motor vehicle falls under the Illinois Theft Statute which includes several incriminating acts:

  • Taking unauthorized control of another person’s property.
  • Using deception to take control of another person’s property.
  • Threatening the owner to take control of their property.
  • Knowingly taking property that has already been stolen from another person.

In the cases of vehicular theft, the automobile is the property that cannot be taken control of. The exception is if the owner gives permission for the alleged thief to borrow the vehicle for an agreed upon period of time.

Punishments for Vehicular Theft

Stealing a car will result in a felony theft charge. A conviction of this nature will result in fines and possibly even jail time depending on the value of the product stolen.

  • A Class 3 felony is given when the value range of the automobile stolen is $500-$10,000 and the punishment is up to five years in prison.
  • A Class 2 felony is given when the value range of the automobile stolen is $10,000-$100,000 and deception is used to take the car. If the car is a government-owned vehicle with a value less than $10,000, the alleged thief will be given this charge. The punishment is up to seven years in prison.
  • A Class 1 felony is given when the value range of a government-owned automobile is $10,000-$100,000. For general cars, this charge is given when the value range of the automobile is $100,000-$500,000. The action is punishable by up to 15 years in prison.
  • A Class 1 non-probationary felony is given when the value range of the automobile stolen is $500,000-$1,000,000.
  • A Class X Felony is given when the value of a regular car stolen exceeds $1,000,000 and when the value of a government-owned car exceeds $100,000. The punishment for this charge is up to 30 years in prison.

Defending Against Vehicular Theft Charges

Mistakes can be made and the best way to defend against vehicular theft charges is to prove that the alleged thief is, in fact, the legal owner of the vehicle. If the alleged thief is not the owner, then they must prove that they had permission from the owner to take the car and return it at a certain time.

There are also times when a car is stolen by one person but then is sold to another person who does not know that the vehicle was stolen. That person would have to prove that they had no knowledge of the theft in order to avoid a felony charge.

Contact an Elgin, IL Vehicle Theft Defense Lawyer

Cases of theft are often more complicated than they may appear. In order to be as safe as possible, you will need an attorney to help build your case and examine all evidence so that you are not wrongfully punished. The lawyers of the Law Offices of Brian J. Mirandola are ready to help you through your case. To schedule a free consultation with a Kane County criminal defense attorney, call 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1

http://www.ilga.gov/legislation/ilcs/documents/062500050K4-103.2.htm

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Posted on in Felonies

Kane County defense attorney

Facing felony charges comes with significant stress and uncertainty. In all reality, it is important to act quickly after the initial arrest. With an aggressive and comprehensive legal strategy, it is possible you could secure a lesser charge, or avoid a conviction altogether. In Illinois, a felony charge can carry substantial jail time and devastating fines. Immediately after your arrest, it is critical to seek the guidance of an experienced criminal defense attorney who you can believe in. 

Common Illinois Felonies

Here in the state of Illinois, even a Class 4 felony (the lowest of Illinois' felonies) can bring up to $25,000 in fines and as many as three years in prison. Listed below are some of the most common felonies committed throughout the state:

Aggravated DUI: According to Illinois state law, a drinking and driving arrest can be elevated to an aggravated DUI in a number of situations. If a person is convicted of a third or any subsequent DUIs, they will likely face Class 2 felony charges. Other aggravating factors include driving under the influence without a valid driver’s license, while transporting a child, or causing bodily harm to another party. 

Drug Crimes: When facing a drug charge in the state of Illinois, the severity of the charges depend on the type of substance and the quantity. Displayed within 720 ILCS 570/402, possession of drugs such as heroin or cocaine constitute a felony charge, for any amount. If you are found with less than 1 gram, you will likely face a Class 4 felony charge. As the quantity increases, the legal severity does as well. If you are apprehended with an excess of 15 grams of either heroin or cocaine, you could face as many as 15 years in prison. For more information on the implications of a felony drug charge, speak with a legal professional. 

Other Felony Crimes: A felony charge can dramatically impact the rest of your life. From difficulty securing employment or residential opportunities to substantial fines and possible jail time, an arrest of such magnitude should not be taken lightly. Other common felonies committed throughout the state of Illinois include burglary, motor vehicle theft, and forgery. In the event of an arrest, seek out legal assistance immediately.  

Contact an Elgin, IL Felony Defense Lawyer 

With years of legal experience within the state of Illinois, Attorney Brian J. Mirandola relentlessly represents his clients in order to secure the best possible legal outcome. Through consultation regarding the arrest and the development of a precise strategy, a skilled attorney can help you secure a reduction of charges or complete dismissal. To schedule your free consultation with an experienced Kane County criminal defense attorney, contact us today at 847-488-0889. 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K402

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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Posted on in Felonies

hate crime, Elgin criminal defense attorneyThe phrase "hate crime" is often used by the media and in casual conversation about certain types of criminal acts. Under state and federal law, however, "hate crime" has a specific meaning. Hate crimes are unique in that punishment for the crimes may be enhanced as a direct result of perpetrator’s motives for committing the crime.

How Illinois Defines a "Hate Crime"

A person commits a hate crime in Illinois when he or she commit one of the specifically listed acts because of "an actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of a person or group." This means that you can commit a hate crime even if you are mistaken about someone’s characteristics. It also means that not just any crime can be a hate crime. The crime must be one of the crimes listed in the law. For example, rape and murder are not listed as possible hate crimes in the Illinois statute.

The crimes that can be considered hate crimes include:

  • Assault;
  • Battery;
  • Aggravated assault;
  • Theft;
  • Criminal trespass to a residence;
  • Criminal trespass to real property;
  • Mob action;
  • Disorderly conduct; and
  • Harassment.

In January 2018, the Illinois legislature added several more offenses to the list of possible hate crimes. Stalking, cyberstalking, the transmission of obscene messages, and harassment through electronic communications can now be considered hate crimes depending on the perpetrator’s motivation.

Enhanced Penalties for Hate Crimes

The Illinois hate crime law increases the penalties for actions that are already against the law. In almost all cases a hate crime is a felony, even in cases where the "regular" crime is only a misdemeanor. This means that the maximum penalty for a hate crime could be anywhere between one to thirty years in prison, depending on the facts of the case.

Defenses to Hate Crime Allegations

If the prosecutor is going to charge a crime under the hate crime laws, the prosecutor will have an extra burden at trial. The prosecutor will need to show a judge or jury beyond a reasonable doubt that the person committed the crime and that the defendant was motivated by the one of the conditions listed in the statute.

A criminal defense lawyer may try to show that the suspect could not have committed the underlying crime. However, in some instances, the evidence is overwhelming that the defendant did commit the crime. In those cases the best defense may be to explain the motives of the defendant in committing the crime were not those covered by the hate crime law. A successful defense will create doubt in the minds of the jury about the motives of the defendant.

Contact Us for Help

If you have been charged with a crime, you need to speak with a tough and knowledgeable Kane County criminal defense attorney. Call 847-488-0889 to schedule a free consultation at The The Law Office of Brian J. Mirandola today. Do not speak to anyone about your case until you have talked to a lawyer.

Source:

http://www.ilga.gov/legislation/ilcs/documents/072000050K12-7.1.htm

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