Assault can be charged as a misdemeanor or a felony depending on the severity of the offense and the presence of aggravating factors. It involves an unlawful attempt or action to inflict bodily hurt with force or violence upon another. A person convicted of assault can face imprisonment for up to 1 year for a misdemeanor charge or up to 3 years for a felony charge. If a weapon was used, the accused may face additional sentencing enhancements. In addition to fines ranging from several hundred to several thousand dollars depending on the severity of the offense, a person convicted of assault may also be required to pay restitution to the victim and attend counseling or other rehabilitative programs.
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Battery / CHARGE: 720 ILCS 5.0/12-3-A-1
Battery is a Class A misdemeanor in Illinois, carrying a maximum penalty of up to 12 months in jail and a fine of up to $2,500. If convicted and sentenced to jail, early release is not allowed. Aggravated battery, on the other hand, is charged as a felony and carries more severe potential penalties. Depending on the circumstances, aggravated battery can result in prison time ranging for up to 30 years and fines of up to $25,000. The severity of the offense is determined by various factors such as the injuries sustained by the victim, the location of the crime, the victim’s status, and whether weapons were involved. If you have little to no criminal history, Attorney Reese may be able to negotiate a sentencing alternative that could include court supervision, conditional discharge, probation, community service, or anger management.
Contact Attorney Reese if you or your loved one is charged with battery and other criminal offenses throughout Cook County, Will County, Lake County and DuPage County. Contact us today at 708-914-4570 to discuss your case. Attorney Reese is ready to provide the legal representation that you deserve.
Burglary / CHARGE: 720 ILCS 5.0/19-1-A
Burglary is the unlawful entry of a building or structure with the intent to commit a crime inside. It is typically charged as a felony offense, and the severity of the punishment depends on the degree of the crime committed and the presence of any aggravating factors — including the following:
- Burglary committed in, and without causing damage to, a watercraft, aircraft, motor vehicle, railroad car, or any part thereof is a Class 3 felony– which generally carries a potential prison sentence of 2 to 5 years, plus one year of mandatory supervised release.
- Burglary committed in a building, housetrailer, or any part thereof or while causing damage to a watercraft, aircraft, motor vehicle, railroad car, or any part thereof is a Class 2 felony, which generally is punishable by 3 to 7 years in prison and fines up to $25,000.
- Burglary committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship is a Class 1 felony, which generally carries an imprisonment term of 4 to 15 years in prison and up to $25,000 in fine.
Home Invasion / CHARGE: 720 ILCS 5.0/19-6
Home invasion is defined as knowingly entering a dwelling without authority and while armed, and either using force or causing injury to a person or committing certain specified crimes. Home invasion is a Class X felony and carries severe penalties, including up to life imprisonment, depending on the circumstances of the offense.
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The Firearm Concealed Carry Act in Illinois requires individuals to obtain an Illinois Concealed Carry License (CCL) to carry a loaded or unloaded firearm either on their person or within their vehicle in the state of Illinois. The eligibility criteria to obtain a CCL include
- the age of 21 years
- successful completion of 16 hours of Concealed Carry firearms training
- having a valid Firearms Owner’s Identification (FOID) card
- no involuntary admission to a mental health facility; and
- no mental or developmental disability adjudication.
Violation of the Act may result in the revocation or suspension of the CCL or Class A or B misdemeanors, depending on the severity of the violation. Click here to read about Attorney Reese’s record defending against gun charges. Some areas prohibit the carrying of firearms by CCL holders, including airports, public transportation, schools, child care facilities, playgrounds, parks, libraries, stadiums, sports arenas, and state or local government buildings. However, a CCL holder may drive into such areas with the firearm on their person and store the firearm in their vehicle in accordance with Illinois law.
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Delivery of Cannabis
As of Jan. 1, 2020, the cultivation, trafficking, sale, or possession of a small amount of marijuana is legal in Illinois under the Cannabis Regulation and Tax Act (410 ILCS 705/1-999). The state also allows the use of medical marijuana for eligible patients, who also are permitted to grow their own medicine. Non-medical users, however, may not cultivate their own cannabis.
Current law (720 ILCS 570/100, et seq., Uniform Controlled Substances Act; 720 ILCS 550/1, et seq. “Cannabis Control Act”) states that residents of Illinois who are 21 years or older can possess:
- Up to 30 grams of Marijuana
- Up to 500 mg of THC in a marijuana-infused product or
- Up to 5 grams of marijuana concentrate
People who are from out of state can possess half of what a resident can possess. Only licensed dispensaries can sell marijuana and only those with specific transportation licenses can transport and deliver marijuana.
In Illinois, delivery of cannabis can be charged as a misdemeanor offense only if the amount of the cannabis allegedly delivered is 10 grams or less. If the amount of cannabis exceeds 10 grams, then a Class 4 Felony can be charged. The larger the amount of cannabis allegedly delivered, the greater the class of felony charged.
Also, pre-legalization convictions for marijuana-related offenses (under 30 grams) are eligible for pardons as long as no violent crimes were committed. Cases will be reviewed by the Prisoner Review Board.
Delivery of Controlled Substances/ 720 ILCS 570
720 ILCS 570/102 provides the definition of the term “delivery” under the Controlled Substances Act. Whenever a controlled substance changes possession from one person to another, it qualifies as a delivery. The term delivery also applies to an attempted transfer of possession, even it is unsuccessful. Delivery of any amount of a controlled substance such as cocaine, heroin, methamphetamine, ecstasy, or prescription medications not prescribed to the accused, are charged as felony offenses.
720 ILCS 570/401 also explains the punishment for possession of controlled substances with intent to deliver. Though the exact parameters depend on the type and quantity of controlled substance in question. To illustrate this principle, please find below a breakdown of the different Illinois penalties for possession of heroin with intent to deliver. If convicted, the offender can face criminal fines in the amount of either $500,000 or the street value of the heroin, whichever is greater. The offender will also face a prison sentence depending on the amount of heroin in their possession:
- 1 To 15 grams – A maximum of 15 years in prison
- 15 to 100 grams – A maximum of 30 years in prison;
- 100 to 400 grams – A maximum of 40 years in prison;
- 400 to 900 grams – A maximum of 50 years in prison; or
- 900 or more grams – A maximum of 60 years in prison.
Attorney Reese has years of experience handling matters involving Delivery of both Controlled Substances and Cannabis, and he is familiar with local courthouse procedures, the various Assistant State’s Attorneys, Judges that preside throughout the circuit courts, and Clerks of the Circuit Courts.
We will provide the representation you deserve throughout Cook County, Will County, Lake County and DuPage County.
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Domestic violence involves violent and abusive behavior by a family member to control another family member, which can include physical, verbal, emotional, or sexual abuse. Domestic battery is a type of domestic violence that involves knowingly causing bodily harm or making physical contact of an insulting or provoking nature with a family or household member. Because you cannot be sentenced to court supervision for domestic battery, unlike simple battery, Attorney Reese may seek to obtain a reduction of the charges so that you may then be eligible for a sentence of court supervision (which can prevent the charge from appearing on your public record as long as all conditions are completed successfully). Penalties for domestic battery range from a Class A misdemeanor, which can result in up to 12 months in jail and a $2,500 fine, to a Class 4 felony, which can result in up to 3 years imprisonment and a fine of up to $25,000. A mandatory minimum of 72 consecutive hours of imprisonment is required for any second or subsequent conviction, with no eligibility for suspension or probation to reduce the sentence.
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Illinois considers any amount of controlled substance possession a felony. Penalties for possession of heroin, cocaine, morphine, LSD, and certain hallucinogenic substances vary depending on the amount possessed, with the lowest being 4 to 15 years of imprisonment and the highest being 10 to 50 years. Defendants convicted of a crime involving 100 grams or more may also be fined an additional $200,000 or the street value of the controlled substance, whichever is greater.
Attorney Derrick B. Reese is a highly respected criminal defense lawyer. Click here to read more about his work in this legal area!
Endangering a Child/ 720 ILCS 5/12C-5
According to Illinois state law, a person endangers the life or health of a child when they knowingly:
(1) causes or permits the life or health of a child under the age of 18 to be endangered; or
(2) causes or permits a child to be placed in circumstances that endanger the child’s life or health. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
(3) leaves a child 6 years of age or younger unattended in a motor vehicle for more than 10 minutes
Penalties & Sentencing
A first violation is a Class A misdemeanor, while a second or subsequent violation of this Section is a Class 3 felony. If a violation results in the death of the child, it is a Class 3 felony for which a person can be sentenced to imprisonment for 2 to 10 years.
We will provide the representation you deserve throughout Cook County, Will County, Lake County and DuPage County. Contact Attorney Reese @ 708-914-4570 if you have been arrested or charged NOW!
Attorney Derrick B. Reese is a highly respected murder defense attorney in the Chicagoland area. Read more about his work in this legal area here.
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Theft is committed when a person intentionally takes or exerts unauthorized control over property that belongs to someone else without their consent, using deception, threat, or knowingly obtaining control over stolen property. Theft also includes obtaining or controlling property in the custody of a law enforcement agency that is known or should be reasonably believed to have been stolen, and the person intends to deprive the owner of it permanently. Theft by lessee and permissive inferences in this regard are also defined. The severity of the theft offense determines the punishment, which ranges from a Class A misdemeanor to a Class X felony, depending on the value of the stolen property and the circumstances surrounding the crime. While the usual penalty associated with a Class A misdemeanor conviction carries a jail sentence of less than one year and a fine of no more than $2,500 for each offense, the penalty associated with a Class X felony can result in a sentence of imprisonment ranging from 6 to 30 years and a fine of not more than $25,000, plus payment of restitution for losses associated with the theft.
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In Illinois, the charge of unlawful use of a weapon (UUW) can be imposed for possessing a firearm under certain circumstances, even if it was not used in the commission of a crime. These circumstances include various felony convictions, possession during a misdemeanor drug offense, gang-related activity, and possession during the commission of a violent misdemeanor. In Illinois, it is illegal to possess a gun without a valid Firearm Owner’s Identification Card (FOIC). UUW charges can result in harsh penalties, including incarceration up to 7 years and fines up to $25,000. Most convictions for UUW in Illinois are non-probationable. Click here to learn more about Attorney Derrick B. Reese’s record defending cases like these!