Des Plaines Criminal Defense Attorney

Criminal Defense Lawyer in Des Plaines, Illinois

Des Plaines, Illinois, is a vibrant city located just northwest of Chicago, known for its rich history and diverse community. However, like any urban area, residents and visitors may find themselves facing criminal charges. When you are charged with a crime in Des Plaines, it’s crucial to have a knowledgeable and experienced Des Plaines criminal defense attorney by your side to navigate the complexities of the legal system. At The Law Offices of David L. Freidberg, we are dedicated to providing aggressive and comprehensive defense for individuals facing a wide range of criminal charges. Below, we provide an in-depth overview of various criminal offenses, the relevant statutes, the legal process, and why you need a skilled attorney to protect your rights. The following is a list of criminal offenses we handle:

Assault and Battery

Assault and battery charges can range from simple misdemeanors to severe felonies, depending on the circumstances and the victim involved. In Illinois, assault is defined under 720 ILCS 5/12-1 as causing someone to reasonably fear imminent bodily harm. Battery, defined under 720 ILCS 5/12-3, involves causing bodily harm to another person or making physical contact in an insulting or provoking manner.

Aggravated battery charges (720 ILCS 5/12-3.05) may apply in cases involving severe injury, the use of a weapon, or if the victim is a child, law enforcement officer, or an elderly person. These charges carry harsher penalties, including longer prison sentences and higher fines. Understanding the nuances of these charges and the potential defenses is crucial for mounting an effective defense.

Aggravated Battery of a Child (720 ILCS 5/12-4.3): This occurs when a person causes great bodily harm, permanent disability, or disfigurement to a child under 13.

Battery of an Unborn Child (720 ILCS 5/12-3.1): Committing battery that harms an unborn child.

Battery on a Law Enforcement Officer (720 ILCS 5/12-3.05): Enhanced penalties when the victim is a police officer.

Aggravated Battery on a Police Officer (720 ILCS 5/12-3.05): Includes causing great bodily harm or using a deadly weapon.

Elderly Victim Assault & Battery (720 ILCS 5/12-4.6): When the victim is a senior citizen, penalties are more severe.

Arson

Arson is a serious felony offense in Illinois, involving intentionally setting fire to property.

Arson (720 ILCS 5/20-1): The basic offense of setting fire to property.

Arson on Federal Property (18 U.S.C. § 81): Federal charges apply if the arson occurs on federal property.

Drug Crimes

Drug-related offenses range from possession to trafficking, with penalties varying based on the type and quantity of the drug involved.

Drug Crimes (720 ILCS 570/401 et seq.): Includes various offenses related to controlled substances.

Conspiracy to Distribute Controlled Substances (21 U.S.C. § 846): Federal charge for conspiring to distribute drugs.

Federal Manufacturing Controlled Substances (21 U.S.C. § 841): Manufacturing drugs with intent to distribute.

Delivery of a Controlled Substance (720 ILCS 570/401): Delivering drugs to another person.

Heroin, Marijuana, Prescription Drug, Cocaine, Ecstasy Possession (720 ILCS 570/402): Various statutes for different substances.

Drug Trafficking (720 ILCS 570/401.1): Involves transporting large quantities of drugs.

Domestic Violence

Domestic violence encompasses various forms of abuse within a domestic setting.

Domestic Violence (720 ILCS 5/12-3.2): Physical harm, harassment, or interference with personal liberty of a family or household member.

Aggravated Domestic Battery (720 ILCS 5/12-3.3): Involves causing great bodily harm or using a deadly weapon.

DUI/Drunk Driving

Driving under the influence (DUI) is a common yet serious offense with severe penalties.

DUI (625 ILCS 5/11-501): Operating a vehicle with a BAC of 0.08% or higher.

Reckless Homicide (720 ILCS 5/9-3): Causing death through reckless driving under the influence.

Federal Crimes

Federal charges are prosecuted by the U.S. government and typically involve severe penalties.

Federal Assault, Extortion, Interstate Stalking, Kidnapping, Mail Fraud, Manslaughter, Unlawful Possession of Firearm, Child Pornography, Fraud, Drug Charges, Medicare Fraud (18 U.S.C. § various): Various statutes covering a wide range of federal offenses.

Property Crimes

Property crimes involve theft, vandalism, and damage to property.

Vandalism (720 ILCS 5/21-1.3): Intentionally damaging property.

Criminal Defacement of Property (720 ILCS 5/21-1.3): Defacing property with graffiti or other means.

Criminal Trespass to Land (720 ILCS 5/21-3): Entering land without permission.

Criminal Damage to Property (720 ILCS 5/21-1): Damaging someone else’s property.

Theft and Fraud

Theft and fraud charges can range from shoplifting to complex financial schemes.

Theft (720 ILCS 5/16-1): Taking property without the owner’s consent.

Aggravated Identity Theft, Credit Card Fraud, Retail Theft, Possession of a Stolen Motor Vehicle, Identity Theft, Receiving Stolen Property, Interstate Transport of Stolen Property, Theft of Government Property (720 ILCS 5/various): Various statutes covering different forms of theft and fraud.

Sex Crimes

Sex crimes are among the most serious charges and carry severe penalties, including sex offender registration.

Sex Crimes (720 ILCS 5/11-1.20 et seq.): Various offenses, including sexual assault and abuse.

Aggravated Sexual Battery, Internet Child Exploitation, Pandering, Predatory Criminal Sexual Assault of a Child, Child Pornography, Criminal Sexual Abuse, Criminal Sexual Assault, Indecent Solicitation of a Child, Involuntary Sexual Servitude of a Minor, Prostitution, Rape, Public Indecency, Sex Offender Registration, Solicitation of Prostitution, Creation & Distribution of Child Pornography, Internet Solicitation, Date Rape, Traveling to Meet a Minor, Failure to Register as a Sex Offender (720 ILCS 5/various): Various statutes for different sexual offenses.

Traffic Violations

Traffic violations can range from minor infractions to serious criminal charges.

– Aggravated Speeding, Fleeing or Attempting to Elude a Peace Officer, Racing on a Highway, Reckless Driving, Vehicular Endangerment (625 ILCS 5/various): Various statutes covering serious traffic offenses.

Violent Crimes

Violent crimes include offenses that cause physical harm to others.

– Murder, Robbery, Burglary, Home Invasion, Manslaughter, Involuntary Manslaughter, Kidnapping, Human Trafficking, Vehicular Hijacking, Intimidation and Extortion Crimes (720 ILCS 5/various): Various statutes covering violent crimes.

White Collar Crimes

White collar crimes typically involve financial fraud and deception.

– Bribery, Check Fraud, Computer Fraud, Counterfeiting, Credit Card Fraud, Embezzlement, Federal Bank Fraud, Forgery, Fraud, Insurance Fraud, Money Laundering Defense, Visa Fraud, Chicago Writing Worthless Checks Defense Lawyer (720 ILCS 5/various): Various statutes covering different forms of financial fraud.

Weapons Charges

Weapons charges involve the illegal possession, use, or distribution of firearms.

– Aggravated Discharge of a Firearm, Armed Violence, Federal Firearm Trafficking, Armed Habitual Criminal, Unlawful Use of a Weapon, Unlawful Use of a Weapon by a Felon, Unlawful Possession of a Firearm (720 ILCS 5/24-1 et seq.): Various statutes covering weapons offenses.

Additional Legal Services

– Expungements, Bond Court Lawyer, Driver’s License Reinstatement, Deferred Prosecution Programs, Disorderly Conduct, Probation Violation, Resisting Arrest, Warrants, Search and Seizure, Order of Protection, Preliminary Hearings, Arraignments: Various services related to criminal defense and post-conviction relief.

The Criminal Case Process

Criminal cases in Illinois typically begin with an arrest, followed by an arraignment where the charges are formally presented. The investigation process involves gathering evidence, interviewing witnesses, and sometimes conducting searches. The defense attorney’s role is to challenge the prosecution’s evidence, file motions to suppress inadmissible evidence, and develop a strategy for trial.

The trial process includes jury selection, opening statements, presentation of evidence, cross-examinations, closing arguments, and jury deliberation. A skilled defense attorney can make a significant difference in the outcome of the trial, whether by securing an acquittal or negotiating a favorable plea deal.

The Benefits of Having a Criminal Defense Attorney

Having an experienced criminal defense attorney is crucial for navigating the complexities of the legal system. An attorney can protect your rights, provide expert advice, and represent you in court. They can also negotiate with prosecutors to reduce charges or secure alternative sentencing options. Without an attorney, you risk facing severe penalties, including imprisonment, fines, and a permanent criminal record.

Questions to Ask a Potential Criminal Defense Attorney

When choosing a criminal defense attorney, it’s important to ask the right questions to ensure they are qualified to handle your case. Questions to consider include:

• What is your experience with cases similar to mine?
• What is your success rate in criminal defense cases?
• How will you approach my case?
• What are the potential outcomes of my case?
• What are your fees, and do you offer payment plans?

Qualities to Look for in a Criminal Defense Attorney

Key qualities to look for in a criminal defense attorney include:

• Experience and knowledge of criminal law.
• A strong track record of success.
• Excellent communication skills.
• The ability to develop a strong defense strategy.
• A commitment to protecting your rights and interests.

Potential Legal Defenses

Common legal defenses in criminal cases include challenging the legality of the arrest,

 questioning the reliability of evidence, demonstrating a lack of intent, and presenting alibi evidence. Each case is unique, and the best defense strategy will depend on the specific circumstances.

FAQs about Criminal Defense in Des Plaines, Illinois

What should I do if I’m arrested in Des Plaines?

Stay calm, do not resist arrest, and assert your right to remain silent until you speak with an attorney. Contact The Law Offices of David L. Freidberg immediately for legal assistance.

Can I refuse a search of my property?

Yes, you have the right to refuse a search unless the officer has a warrant or there are exigent circumstances. Always consult with an attorney if you are unsure of your rights.

What are the penalties for a first-time DUI offense in Illinois?

Penalties can include fines, jail time, license suspension, and mandatory alcohol education programs. The specific penalties depend on the circumstances of the case.

How can a criminal conviction affect my life?

A criminal conviction can result in imprisonment, fines, and a permanent criminal record, which can impact employment opportunities, housing options, and personal relationships.

What is the difference between a misdemeanor and a felony?

Misdemeanors are less serious offenses with lighter penalties, while felonies are more serious and carry harsher penalties, including longer prison sentences.

Why You Need a Criminal Defense Attorney

Facing criminal charges without an attorney is a serious mistake. An experienced criminal defense attorney can protect your rights, provide expert legal advice, and represent you in court. At The Law Offices of David L. Freidberg, we have a proven track record of success in defending clients against a wide range of criminal charges. Our team is dedicated to achieving the best possible outcome for each client, whether through negotiation or trial.

Contact The Law Offices of David L. Freidberg For Your Free Consultation

If you are facing criminal charges in Des Plaines, Illinois, don’t face your criminal charges alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients in Highland Park, and throughout Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you navigate the legal system and fight for your future.