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Presenting Self-Defense Against Homicide Charges
Every state has different laws regarding self-defense. Illinois allows the use of self-defense if you are trying to protect yourself against someone illegally entering your property or if you are being attacked.
While the use of self-defense may be justified, it can lead to killing another person. If you used self-defense and are now facing homicide charges, you need to speak with a Chicago homicide defense attorney today.
Is Self-Defense Permitted in Illinois?
According to Illinois law 720 ILCS 5/7-1, a person is allowed to use self-defense “to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force.”
Possible Penalties for Class 1 Felony Convictions in Illinois
The Prairie State is no stranger to crime. In the past three decades, there have been 1.5 million offenders charged with a felony in Illinois.
Illinois classifies felonies based on severity, ranging from a Class 4 felony (least serious) to a Class X felony (most serious).
If you have been charged with a Class 1 felony in Illinois, never wait to seek help from a Chicago criminal defense lawyer.
Class 1 Felony Crimes in Illinois
A Class 1 felony is the second most serious type of felony in Illinois. The most common type of class 1 felonies in Illinois are:
- Criminal Sexual Assault (known as “rape” in other states)
What are the Most Serious Sex Crimes in Illinois?
As of February 2023, over 786,000 people were listed as offenders on state sex offender registries. Some of these offenders could likely have received lesser sentences if they had hired an accomplished attorney to represent their interests in court.
If you have been charged with a sex crime in Illinois, you need dedicated representation from an aggressive Chicago criminal defense attorney.
What is Classified as a Sex Crime?
A sex crime involves any unlawful act that has a sexual element. Many crimes involve sexual violence, which refers to unwanted or coerced sexual behavior. Sex crimes may or may not involve actual penetration.
Can Your Criminal Charges Be Reduced or Dismissed?
Being arrested on criminal charges in Illinois can have severe legal, financial, social, and emotional costs. If you are accused of a crime in the Chicago area or if you have learned or suspect a pending investigation involving you, it is critical to a well-versed Chicago criminal defense attorney as soon as possible. Such an attorney is prepared to advocate fervently on your behalf while bringing resources, skill, and knowledge to your criminal defense strategy.
Can Your Charges be Dismissed or Reduced?
In some cases, criminal charges can be reduced or even dismissed. When a seasoned Chicago criminal defense lawyer represents you, you will have the best chance at having one of these options be a part of the outcome of your charges.
The Sex Offender Registry: Not Just a Conviction
Being convicted of a sex offense means a lot more than simply being convicted of a crime and serving jail time. Not only will convicted offenders be sentenced to a term of imprisonment and have to pay hefty fines, but they will also have to register as a sex offender. As such, hiring a skilled Cook County criminal defense lawyer is of utmost importance if you are facing charges for a sexual offense.
Sex offender registration was broadly implemented during the 1990s to increase community awareness of sex offenders to further build community safety. The sex offender registry typically causes many collateral consequences when someone is convicted of a sex offense.
Under the law, all sex offender registrants must register for at least ten years or the duration of their probation, whichever is longer. In addition, some registrants must register for life with no possibility of having their names removed. Convictions for failure to register can add another five years of registration.
Illinois Leads the Nation in Eliminating Cash Bail
Cash bail is a common challenge that criminal defendants all over the nation struggle to manage. Thankfully, for the first time in U.S. history, a state is eliminating cash bail thanks to thoughtful legislation and confirmation from the state’s supreme court that this arrangement is, indeed, legal. As of next month, Illinois will become the first state in the Union to take this meaningful step forward. Although this monumental decision will not eliminate a defendant’s need to seek guidance from a criminal defense attorney, it will hopefully make the experience of being accused of criminal wrongdoing more manageable for the average person who has misstepped or who has been caught up in a misunderstanding.
What Does the New Law Say?
The new law that abolishes cash bail in the Land of Lincoln is known as the Illinois Pretrial Fairness Act, which was passed via the Public Act 101-0652, known as the SAFE-T Act (Safety, Accountability, Fairness and Equity-Today). This policy shift means that judges can no longer order those who have been charged with misdemeanors or felonies to pay money before they will be eligible for pretrial release. Instead, those who have been charged with lesser crimes will be released prior to their day in court and those who have been charged with serious, violent crimes will continue to be detained.
What Can I Do to Protect My Child’s Privacy When They Are Facing Charges for a High-Profile Sex Crime?
It is important to protect your child's privacy during high-profile sex crime charges. Dealing with sensitive legal matters and media attention can be overwhelming. Thankfully, there are steps you can take to safeguard your child's privacy and increase their chance of a favorable case outcome.
Limit Media Exposure
High-profile cases often attract media attention, which can compound the stress your child is already experiencing. Reduce media exposure by avoiding interviews, statements, or appearances that could inadvertently reveal personal details.
Avoid photography, surveillance, or any form of invasion of your child's privacy by people or media outlets. This can cause problems for your child and possibly harm their legal defense. Tell your child not to discuss the case on social media platforms.
Rumors can spread quickly in high-profile cases. Deter family members and friends from talking or sharing information about the case. This reduces the risk of inaccurate information affecting your child's reputation.
Collateral Consequences of a Felony Conviction
In the US, the overwhelming majority of criminal cases end with a plea deal of some kind - not a conviction decided on by a jury of an alleged offender’s peers. There are myriad reasons why defendants feel the need to plead guilty. Chief among them is usually the sense that they will receive more favorable sentencing terms if they plead guilty – even if they are wholly innocent – than they would receive if they challenged their misdemeanor or felony charges in court and lost.
While it is true that accepting the terms of a plea deal or pleading guilty in the hopes that the court will be lenient is a gamble, admitting guilt rather than fighting back against the state’s case also results in a 100% guarantee of collateral consequences secondary to a defendant’s sentencing terms. These challenges should be factored into a defendant’s plea decision but are too often overlooked.
Why You Should Stay Off of Social Media Until Your Criminal Case Is Resolved
If you are like most American adults, you likely spend time on at least one social media platform regularly. Unfortunately, if you are either under investigation for criminal wrongdoing or you have already been arrested, it is time to stop logging onto your social media accounts for a while. The outcome of your criminal defense case could hinge on your ability to avoid posting, commenting, and “liking” others’ content until your legal situation is resolved.
Why is Using Social Media Risky During a Criminal Case?
Whether it is fair or not, people often judge others based on their appearance. In the digital age, this includes the appearance you project out onto the internet. If you are facing criminal charges, your social media accounts will almost certainly be scrutinized by prosecutors, who can use anything that is publically available as evidence against you.
What are the Most Common Drug Crimes in Illinois?
Drug crimes are serious offenses that can have lasting consequences on those accused. In Illinois, there are a variety of drug crime charges, including possession, trafficking, and conspiracy. As of 2023, the Illinois SAFE-T Act will bring about changes to pretrial detention and bail that may have significant implications for those facing drug charges.
Possession of Drug Paraphernalia
Beyond drug possession, Illinois also criminalizes the possession of drug paraphernalia. Under Illinois drug law 720 ILCS 600/3.5, this offense is generally a Class A misdemeanor, with maximum penalties of one year in prison and a $2,500 fine. However, if a large amount of paraphernalia is involved, felony charges may be applicable.
Intent to Distribute
Possession of controlled substances in large quantities can lead to charges of intent to distribute in Illinois, a serious felony offense. Even if the defendant is only found to possess drugs, the prosecution can assume the intention to distribute and pursue charges accordingly, resulting in significant prison time.
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