Lincoln Square Criminal Defense Lawyer

Criminal Defense Attorney in Lincoln Square, Chicago, Illinois

Lincoln Square is one of Chicago’s most vibrant and culturally rich neighborhoods, located on the North Side of the city. Known for its historical architecture, diverse restaurants, and strong sense of community, it offers a balance of urban and suburban living. However, like any neighborhood in Chicago, it is not immune to legal challenges, including criminal charges that can alter lives. If you find yourself facing criminal charges in Lincoln Square, it’s crucial to understand the legal landscape and your rights under Illinois law. The Law Offices of David L. Freidberg, based in Chicago, provides aggressive and experienced criminal defense representation for residents of Lincoln Square and beyond.

Understanding Illinois Criminal Law

Illinois criminal law is codified under the Illinois Criminal Code (720 ILCS 5), which outlines various criminal offenses and the penalties associated with each. The severity of criminal charges in Illinois is divided into misdemeanors and felonies, each carrying different levels of punishment. Misdemeanors are less severe, but still serious, while felonies can result in significant prison time and lifelong consequences.

Assault and Battery

Assault and battery charges are some of the most common criminal offenses in Illinois. Under 720 ILCS 5/12-1 (assault) and 720 ILCS 5/12-3 (battery), assault occurs when a person engages in conduct that places another individual in reasonable apprehension of bodily harm, while battery refers to causing bodily harm or making physical contact of an insulting or provoking nature.

• Simple assault is typically classified as a Class C misdemeanor, carrying a penalty of up to 30 days in jail and a $1,500 fine.
• Simple battery is classified as a Class A misdemeanor, which can result in up to one year in jail and $2,500 in fines.
• Aggravated versions of these offenses, such as assault with a weapon, can elevate the charge to a Class 3 felony, carrying two to five years in prison.

Drug Crimes

Drug offenses in Illinois are heavily prosecuted, with penalties varying based on the type and quantity of the controlled substance. The Illinois Controlled Substances Act (720 ILCS 570) governs drug offenses, which range from possession to trafficking.

• Possession of a controlled substance like cocaine or heroin is classified as a felony, with penalties depending on the quantity. A small amount, for example, can be charged as a Class 4 felony with penalties up to three years in prison.
• Drug trafficking involves transporting controlled substances and can be charged as a Class X felony, which carries a mandatory minimum sentence of six to 30 years in prison without the possibility of probation.

Domestic Violence

Domestic violence charges are treated with great seriousness in Illinois under the Illinois Domestic Violence Act. Domestic battery, under 720 ILCS 5/12-3.2, occurs when physical harm or offensive contact is made against a family member or person in a domestic relationship.

A first offense is typically charged as a Class A misdemeanor, while repeat offenses or instances involving children or significant bodily harm can elevate the charge to a Class 2 felony, with three to seven years in prison.

DUI/Drunk Driving

Driving under the influence (DUI) is governed by 625 ILCS 5/11-501, which sets the legal BAC limit at 0.08%. A DUI is typically a Class A misdemeanor for first-time offenders, but subsequent offenses or DUIs involving accidents or minors can lead to felony charges.

Penalties for a first-time DUI include:

• Up to one year in jail
• Fines up to $2,500
• License suspension for up to one year

Felony DUI charges, such as a third DUI, can result in a Class 2 felony with three to seven years in prison.

Expungements and Sealing

The state of Illinois allows individuals to expunge or seal certain criminal records under 20 ILCS 2630/5.2. Expungement completely removes the record, while sealing limits access to the record. However, not all offenses are eligible for expungement, and some felonies may only be sealed under certain circumstances.

Federal Crimes

Federal crimes, such as wire fraud, drug trafficking, and weapons offenses, are prosecuted under federal law and carry severe penalties, including long federal prison sentences. The federal court system operates differently from the Illinois state system, and cases are often more complex. Federal sentencing guidelines can impose significant prison terms, even for first-time offenders.

Murder

Murder charges are governed by 720 ILCS 5/9-1 in Illinois and are classified as first-degree or second-degree murder. First-degree murder carries a mandatory sentence of 20 years to life in prison, with the possibility of the death penalty abolished in Illinois.

Probation Violations

If you are serving probation and violate its terms, you can face additional penalties, including jail time. Probation violations can occur for reasons such as failing to meet with your probation officer, committing a new offense, or failing a drug test. The court may impose a harsher sentence or revoke probation entirely.

Prostitution

Prostitution is illegal under 720 ILCS 5/11-14. Engaging in or promoting prostitution can result in misdemeanor or felony charges, depending on the circumstances.

Sex Crimes

Sex crimes, including sexual assault and child pornography, carry some of the most severe penalties under Illinois law. Charges such as aggravated sexual assault, under 720 ILCS 5/11-1.20, can result in Class X felony charges, punishable by up to 60 years in prison.

Theft

Theft offenses are covered under 720 ILCS 5/16-1, with the severity of the charge based on the value of the property stolen. A theft of property valued at less than $500 is a Class A misdemeanor, while theft over $500 can be charged as a Class 3 felony, punishable by up to five years in prison.

Violent Crimes

Violent crimes, such as armed robbery, aggravated battery, and homicide, carry significant penalties. Armed robbery, for instance, is a Class X felony under 720 ILCS 5/18-2 and can result in six to 30 years in prison.

Weapons Charges

Illinois has strict gun laws under the Illinois Firearm Owners Identification Card Act (430 ILCS 65). Unlawful use of a weapon, such as carrying a firearm without a FOID card, is a Class 4 felony, punishable by up to three years in prison.

White Collar Crimes

White collar crimes, such as embezzlement and fraud, are often prosecuted as felonies under Illinois law. Penalties vary depending on the amount of money or property involved, with higher penalties for more significant amounts.

The Criminal Trial Defense Process in Illinois

The criminal trial process in Illinois involves multiple stages, beginning with the arrest and arraignment, where the defendant is formally charged. The next step is discovery, where both sides exchange evidence. If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. Throughout this process, a criminal defense attorney plays a crucial role in protecting the defendant’s rights, presenting evidence, and challenging the prosecution’s case.

Evidence Law Enforcement Collects

Law enforcement in Illinois collects various types of evidence in criminal cases, including:

• Physical evidence from the crime scene, such as weapons or stolen property
• Witness statements from those involved or who saw the crime occur
• Surveillance footage from nearby cameras
• DNA evidence and fingerprints
• Electronic records, such as phone or email records in white-collar crimes

The reliability and legality of this evidence can often be challenged by a skilled defense attorney, potentially leading to the suppression of key evidence.

Benefits of Having a Criminal Defense Attorney

Hiring a criminal defense attorney is crucial when facing criminal charges. An experienced attorney ensures that your constitutional rights are protected and will aggressively defend you against the charges. They can:

• Challenge the prosecution’s evidence
• Negotiate plea deals when appropriate
• Provide defense strategies tailored to the facts of your case
• Help you avoid the long-term consequences of a criminal conviction

Potential Legal Defenses

There are several defenses that can be employed in criminal cases, depending on the specifics of the charge:

• Self-defense: Applicable in cases of assault or violent crimes
• Lack of intent: Important in cases such as theft or white-collar crimes
• Unlawful search and seizure: A common defense in drug and weapons charges, challenging the way evidence was obtained

Each case is unique, and an attorney will craft a defense strategy tailored to the individual facts of your situation.

Qualities to Look for in a Criminal Defense Attorney

When choosing a criminal defense attorney, look for someone with:

• Experience handling cases similar to yours
• Knowledge of Illinois criminal statutes and procedures
• Good communication skills to keep you informed throughout the process
• A track record of success in achieving favorable outcomes for their clients

Questions to Ask During a Free Consultation

When meeting with a potential criminal defense attorney, ask:

• How many similar cases have you handled?
• What are the possible outcomes of my case?
• How do you plan to defend me?
• What are your fees, and do you offer payment plans?

FAQs on Criminal Defense in Lincoln Square, Chicago, Illinois

1. What happens after I’m arrested in Illinois? After your arrest, you’ll be taken into custody and charged. You’ll attend an arraignment, where you can enter a plea, and the criminal process will continue from there.
2. Can I represent myself in a criminal case? While you have the right to represent yourself, it is strongly advised to have a skilled attorney, as criminal law is complex, and the penalties for conviction are severe.
3. How can I get my record expunged in Illinois? Certain offenses can be expunged or sealed under Illinois law. Expungement removes the record entirely, while sealing limits access to the record.
4. Can I be charged with DUI for prescription medication? Yes, if prescription medication impairs your ability to drive, you can face DUI charges under Illinois law, even if the medication was legally prescribed.
5. What is the penalty for a first-time drug possession charge in Illinois? The penalty depends on the type and quantity of the drug. For example, possession of a small amount of a controlled substance is a Class 4 felony, punishable by up to three years in prison.

Why You Need an Attorney

Facing criminal charges in Lincoln Square can have life-altering consequences. It’s a mistake to represent yourself in a criminal case, as the complexities of the legal system and the severe penalties you may face require the knowledge and experience of a seasoned defense attorney. The Law Offices of David L. Freidberg has a proven track record of defending clients against criminal charges in Lincoln Square and throughout Chicago. Our experience and dedication to protecting your rights make us the right choice for your defense.

Call Us 24/7 For Your Free Consultation

If you are facing criminal charges in Lincoln Square or anywhere in Chicago, the Law Offices of David L. Freidberg can help. We provide aggressive, experienced criminal defense representation and offer 24/7 free consultations. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients in Lincoln Square, Cook County, DuPage County, Will County, Lake County, and the greater Chicago area.