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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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assault, Kane County criminal defense attorneyLike many legal terms, people often use the word assault incorrectly. Although it is used casually to refer to aggressive or violent behavior, the Illinois Criminal Code defines the offense much more specifically. If you have been charged with assault, you are probably unsure of what to do next. The best start to effective criminal defense is educating yourself about your charges. If you are facing assault charges, read on to learn what exactly you are up against.

Assault and Battery Defined

The colloquial definition of assault usually refers to some type of physical altercation between individuals. What many think of as assault is actually two separate offenses according to the Illinois Criminal Code: assault and battery. The legal meaning of assault can only be completely understood when one considers the definition of battery.

Battery refers to instances when a person intentionally and without reason "(1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual." Battery can include things like a fist fight in a bar, slapping someone’s face, or even something as simple as poking someone in the chest with the intention of provoking them. Assault, in the legal sense, includes the threatening actions which precede aggressive or unwanted physical contact. More precisely, assault occurs when an individual is in "reasonable apprehension of receiving a battery."

Assault and Battery Are Often Charged in Conjunction With Each other

You have probably heard the phrase "assault and battery" before. These two crimes are often charged together but can also be charged separately. An example of an action which would probably lead to an assault charge but not a battery charge is if a person attempted to strike another but missed. Because physical contact was not made, a battery charge would not be appropriate. However, the person who was almost hit experienced assault because he or she was in fear of being punched.

Assault Must Be Intentional

In order for an action to be considered assault, the person committing the action must have knowingly put the target in reasonable apprehension of being hurt. So, actions which are unintentional or accidental cannot be considered assault. Assault can also be justified in situations of self-defense.

Get the Legal Help You Need

Assault or battery charges can be considered a misdemeanor or a felony depending on the circumstances. A conviction can result in jail time and significant fines. If you are facing charges for any type of violent crime, contact a knowledgeable Elgin criminal defense attorney for help. Call 847-488-0889 to schedule your free initial consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=21100000&SeqEnd=23000000:

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Posted on in DUI

felony, Elgin DUI defense attorneyIn Illinois, there are three classifications of criminal offenses. Petty offenses are the lowest classification and include most traffic violations. The next level of offense a misdemeanor while the highest classification of crime, that which can carry the most serious penalties, is a felony. Those convicted of a felony usually face extended imprisonment as well as other serious punitive consequences. There are some instances in which a charge of driving under the influence (DUI) can be classified as a felony. Felony DUIs, also called aggravated DUIs, carry more severe disciplinary consequences than a misdemeanor DUI does and can seriously affect a convicted person’s ability to find employment or even a home in the future.

Most DUI Charges Are Considered Misdemeanors

If you are an Illinois resident have been charged with a DUI for the very first time, you will almost certainly be charged with a misdemeanor. Felony DUI charges come as a result of more serious violations of the law. Offenses which can result in a felony DUI charge include:

  • Being caught driving under the influence of alcohol three different times;
  • Drinking and driving which results in a passenger under the age of 16 being injured;
  • Being charged with a DUI while having a prior conviction for alcohol-related reckless homicide;
  • Driving under the influence with an expired, suspended, or revoked driver’s license;
  • Drinking and driving without car insurance;
  • Drunk driving which causes an accident in which someone is seriously injured or killed; and
  • Driving a school bus with children on board while intoxicated.

The list of examples above is not exhaustive, and there may be additional special circumstances when result in a DUI charge being increased to an aggravated DUI charge.

Consequences of a Felony Conviction

The criminal sentence imposed on someone who has been convicted of a felony will depend on the specific charges and circumstances of the crime. Felonies in Illinois are divided into five categories. Class 4 felonies are the least serious felony offenses and Class X felonies are the most harshly punished offenses. Felony criminal sanctions include:

  • Class 4 Felony: Punishable by 1-3 years in prison;
  • Class 3 Felony: Punishable by 2-5 years in prison;
  • Class 2 Felony: Punishable by 3-7 years in prison;
  • Class 1 Felony: Punishable by 4-20 years in prison; and
  • Class X Felony: Punishable by 6-30 years in prison.

In addition to imprisonment and fines of up to $25,000, those convicted of a felony face additional consequences such as difficulty finding employment, being excluded from certain job fields, forfeiture of gun ownership rights, and trouble finding a place to live.

Contact a Kane County Aggravated DUI Defense Lawyer

If you have been charged with driving under the influence, contact The The Law Office of Brian J. Mirandola for legal guidance with your case. To schedule a free initial consultation with an Elgin DUI defense attorney, call 847-488-0889 today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=49&ActID=1815

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Posted on in Theft

shoplifting, Elgin criminal defense attorneyThe National Association for Shoplifting Prevention reports that over 10 million people have been caught shoplifting in the last five years. Even more surprising, they estimate that about one out of every 11 people in the U.S have shoplifted. Many people consider shoplifting to be "no big deal" or even see it as a rite of passage for young people. The truth is that retail theft is a crime, and depending on the circumstances, can result in serious criminal penalties.

What is Considered Shoplifting?

The most common example of shoplifting occurs when a person attempts to take merchandise from a store without paying for it. He or she may hide the items in a coat or bag while shopping and then attempt to leave the store without paying for those items. Often, a loss prevention officer (LPO), or an employee who is tasked with preventing shoplifting, confronts the person attempting to steal from the store.

Other tactics used by shoplifters include changing price tags on merchandise in order to pay a lesser price for an item, making fraudulent returns in order to receive cash or store credit, and keeping property after a lease has ended. Interestingly, store employees are also a big shoplifting risk. Sometimes a cashier will pretend to ring up a customer as usual but actually, they are not charging the customer for all of the merchandise he or she is leaving with.

Illinois Penalties for Shoplifting

If you are caught shoplifting and the police are called, the extent to which you are held criminally accountable will depend on the value of the goods stolen (or attempted to steal) as well as any prior criminal convictions. If the items cost $300 or less, you will probably be charged with a Class A misdemeanor. The penalties for this charge include fines up to $2,500 and up to one year of imprisonment. If you have prior convictions of theft or related crimes, stealing or attempting to steal items worth less than $300 can result in being charged with a Class 4 felony and being fined up to $25,000. You are also at risk of being imprisoned for one to three years.

Shoplifting property which is valued at more than $300 is a Class 3 felony and can result in fines up to $25,000 and between two and five years of imprisonment. If you use an emergency exit when leaving the store with stolen goods, that charge is increased to a Class 2 felony. The penalties for this include fines up to $25,000 and three to seven years’ imprisonment.

Criminal Defense Attorneys Who Will Fight for Your Freedom

If you have been charged with shoplifting, contact experienced Elgin, IL retail theft attorney Brian J. Mirandola for guidance with your case. Call 847-488-0889 for a free, confidential consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-25

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Posted on in DUI

death, Elgin criminal defense attorneyBy now, virtually every motorist knows that the consequences for driving under the influence (DUI) can be severe. In addition to stiff criminal penalties, drinking and driving can result in injury or death to the driver, passengers, other motorists, and pedestrians. Tragically, 10,265 people died in alcohol-impaired driving crashes in 2015, the most recent year for which statistics are available. Accidents involving drunk driving account for nearly one-third (29%) of all traffic-related deaths in the United States.

In most cases involving DUI, prosecutors only have a certain amount of time in which to file formal charges. This is known as the statute of limitations. For a misdemeanor DUI offense, the statute of limitations gives authorities 18 months to take action. If the charge is a felony, prosecutors usually have three years from the date of the incident.

A new law, however, recently eliminated the statute of limitations for a felony DUI that causes a fatality. This means that if a person drinks and drives and causes an accident that results in at least one death, he or she can be prosecuted at any time. The three-year limitation will still apply to other felony DUI charges. House Bill 3084 passed both the Illinois House and Senate and became law late last year. The measure went into effect on January 1, 2018.

Consequences for DUI in Illinois

If you are caught driving with a blood alcohol content of over 0.08, you will most likely be charged with driving under the influence. Generally, a police officer uses a chemical blood alcohol content (BAC) test, such as a breathalyzer, to determine how intoxicated a driver is. If the driver fails the test, meaning that he or she was found to have a BAC over the legal limit, he or she will have their driver’s license suspended for 6 months. If the driver refuses to submit to a BAC test, he or she will automatically have their license suspended for one year. These suspensions are in addition to any consequences that may result from a criminal conviction. Penalties for a first DUI offense may include:

  • Driver&s license revocation for one year if the driver is over 21 years old and two years if the driver is under 21;
  • Maximum imprisonment of 6 months;
  • Minimum fine of $1,000;
  • Community service;
  • Drug and alcohol program participation; and
  • Motor vehicle registration revocation.

Criminal and administrative penalties only increase for subsequent DUI charges. In addition to the penalties listed above, a driver convicted of a DUI may also be required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on his or her vehicle.

Are You Facing DUI charges?

If you have been arrested and charged with DUI, you need an attorney who will fight to protect your rights and help you understand your legal options. Contact an experienced Elgin DUI defense lawyer for help. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today.

Sources:

http://www.republictimes.net/new-laws-for-illinois-in-2018/

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

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