Criminal Defense Lawyer in Chinatown, Chicago

Chinatown, nestled in the heart of Chicago, is a vibrant and bustling neighborhood known for its rich cultural heritage, delicious cuisine, and tight-knit community. However, like any urban area, it is not immune to crime, and residents or visitors may sometimes find themselves facing serious legal issues. As a seasoned criminal defense lawyer with decades of experience, I am dedicated to protecting the rights and freedoms of individuals accused of criminal offenses in Chinatown and the broader Chicago area. This comprehensive practice page aims to provide valuable information about various criminal offenses, the criminal defense process, and why having a skilled Chinatown criminal defense attorney is crucial.

Our Areas of Practice

Assault and Battery

Assault and battery charges are serious offenses that can have significant legal consequences. In Illinois, assault is defined under 720 ILCS 5/12-1 as an act that places another person in reasonable apprehension of receiving a battery. Battery, under 720 ILCS 5/12-3, involves causing bodily harm to another person or making physical contact of an insulting or provoking nature.

Aggravated battery of a child, under 720 ILCS 5/12-3.05(b), involves causing great bodily harm, permanent disability, or disfigurement to a child under 13 years old. This offense is classified as a Class X felony, with potential penalties including up to 30 years in prison. Battery of an unborn child and battery on a law enforcement officer are also serious offenses with severe penalties. Battery on a law enforcement officer, defined under 720 ILCS 5/12-3.05(d), is a Class 2 felony, punishable by up to 7 years in prison.

Aggravated battery on a police officer, under the same statute, involves causing great bodily harm or permanent disability to an officer while performing their duties. This is a Class 1 felony, punishable by up to 15 years in prison. Elderly victim assault and battery charges carry enhanced penalties due to the vulnerability of the victims.

Arson

Arson is a serious crime in Illinois, involving the intentional setting of fire to property. Under 720 ILCS 5/20-1, arson is defined as knowingly damaging any real or personal property of another without their consent by means of fire or explosive. This crime is typically classified as a Class 2 felony, which can result in a prison sentence of three to seven years and fines up to $25,000.

There are more severe classifications of arson, such as aggravated arson, defined under 720 ILCS 5/20-1.1. This involves committing arson knowing that people are present in the building or structure, or if it results in great bodily harm or permanent disability. Aggravated arson is a Class X felony, punishable by six to 30 years in prison. Arson on federal property can elevate the charges to a federal level, leading to even more severe penalties under federal statutes.

Drug Crimes

Drug-related offenses in Illinois are numerous and carry severe penalties. Possession, manufacturing, and distribution of controlled substances are governed by various statutes under the Illinois Controlled Substances Act. Possession of controlled substances, under 720 ILCS 570/402, can range from a Class 4 felony for small amounts to a Class X felony for larger quantities, with penalties including imprisonment from one to 30 years and significant fines.

Conspiracy to distribute controlled substances is governed by 720 ILCS 570/405.1, which carries severe penalties, including long-term imprisonment and substantial fines. Possession with intent to distribute, under 720 ILCS 570/401, escalates the severity of charges and potential penalties, especially for substances like heroin, cocaine, marijuana, and prescription drugs.

Federal drug charges, including manufacturing controlled substances or drug trafficking, involve even harsher penalties and are prosecuted under federal statutes, often leading to decades in federal prison.

Domestic Violence

Domestic violence is a prevalent and serious issue, encompassing various offenses like domestic battery, aggravated domestic battery, and domestic assault. Under 720 ILCS 5/12-3.2, domestic battery is defined as causing bodily harm to a family or household member or making physical contact of an insulting or provoking nature. This is typically a Class A misdemeanor but can escalate to a felony for repeat offenses.

Aggravated domestic battery, under 720 ILCS 5/12-3.3, involves causing great bodily harm, permanent disability, or disfigurement and is classified as a Class 2 felony, punishable by up to seven years in prison. Penalties for domestic violence are severe and include imprisonment, fines, mandatory counseling, and restraining orders.

DUI/Drunk Driving

Driving under the influence (DUI) is a serious offense in Illinois, governed by 625 ILCS 5/11-501. A DUI involves operating a vehicle with a BAC of 0.08% or higher, or under the influence of alcohol, drugs, or a combination of both. DUI offenses are classified as misdemeanors or felonies based on the number of prior offenses and the presence of aggravating factors like accidents causing injury or death.

A first-time DUI offense is typically a Class A misdemeanor, punishable by up to one year in jail, fines up to $2,500, and a minimum one-year license suspension. A second DUI offense carries harsher penalties, including mandatory jail time or community service, higher fines, and a longer license suspension. Subsequent offenses or DUIs involving serious injury or death are classified as felonies, leading to lengthy prison sentences, significant fines, and permanent license revocation.

Federal Crimes

Federal crimes encompass a wide range of serious offenses prosecuted under federal law, often involving significant penalties and long-term imprisonment. Federal assault, extortion, interstate stalking, kidnapping, mail fraud, manslaughter, unlawful possession of firearms, child pornography, and fraud are among the many federal crimes with severe consequences.

Federal drug charges, including manufacturing and trafficking, are prosecuted under strict federal statutes, leading to lengthy prison sentences and substantial fines. Federal Medicare fraud and other financial crimes also carry severe penalties, including imprisonment and heavy fines.

Property Crimes

Property crimes involve offenses like vandalism, criminal defacement of property, criminal trespass to land, and criminal damage to property. Vandalism, defined under 720 ILCS 5/21-1.3, involves intentionally damaging or defacing property and can result in misdemeanor or felony charges depending on the extent of the damage.

Criminal defacement of property, under 720 ILCS 5/21-1.3, is typically a Class A misdemeanor but can escalate to a felony if the damage exceeds a certain amount. Criminal trespass to land, under 720 ILCS 5/21-3, involves entering or remaining on another’s property without permission and can result in misdemeanor or felony charges.

Theft and Fraud

Theft and fraud offenses are serious crimes with severe penalties. Theft, under 720 ILCS 5/16-1, involves unlawfully taking property with the intent to permanently deprive the owner of its use. Depending on the value of the property, theft can be classified as a misdemeanor or felony, with penalties ranging from fines to lengthy prison sentences.

Aggravated identity theft, credit card fraud, retail theft, possession of a stolen motor vehicle, identity theft, receiving stolen property, interstate transport of stolen property, and theft of government property are various forms of theft and fraud offenses with severe legal consequences.

Sex Crimes

Sex crimes are among the most serious criminal offenses, carrying severe penalties and long-term consequences. 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 and distribution of child pornography, Internet solicitation, date rape, traveling to meet a minor, failure to register as a sex offender, and sex trafficking are all serious offenses under Illinois law.

Each of these crimes carries severe penalties, including lengthy prison sentences, substantial fines, mandatory registration as a sex offender, and long-term social and professional consequences.

Traffic Violations

Traffic violations encompass a range of offenses, including aggravated speeding, fleeing or attempting to elude a peace officer, racing on a highway, reckless driving, and vehicular endangerment. Aggravated speeding, under 625 ILCS 5/11-601.5, involves driving significantly over the speed limit and can result in misdemeanor or felony charges, depending on the severity.

Fleeing or attempting to elude a peace officer, under 625 ILCS 5/11-204, is a serious offense that can lead to misdemeanor or felony charges, fines, and imprisonment. Racing on a highway, reckless driving, and vehicular endangerment also carry severe penalties, including fines, license suspension, and jail time.

Violent Crimes

Violent crimes are among the most serious offenses, involving severe penalties and long-term consequences. Murder, under 720 ILCS 5/9-1, is the most serious violent crime, punishable by life imprisonment or the death penalty. Other violent crimes include robbery, burglary, home invasion, manslaughter, involuntary manslaughter, kidnapping, human trafficking, vehicular hijacking, and intimidation and extortion crimes.

Each of these crimes carries severe penalties, including lengthy prison sentences, substantial fines, and long-term social and professional consequences.

White Collar Crimes

White collar crimes involve non-violent offenses committed for financial gain. Bribery, check fraud, computer fraud, counterfeiting, credit card fraud, embezzlement, federal bank fraud, forgery, fraud, insurance fraud, money laundering defense, and visa fraud are all serious offenses under Illinois law.

These crimes carry severe penalties, including imprisonment, fines, restitution, and long-term damage to one’s professional reputation and career.

Weapons Charges

Weapons charges involve various offenses related to the illegal possession, use, or trafficking 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, and unlawful possession of a firearm are serious offenses under Illinois law.

Each of these charges carries severe penalties, including imprisonment, fines, and long-term consequences on one’s legal and professional status.

Additional Legal Services

Additional legal services include expungements, bond court representation, driver’s license reinstatement, deferred prosecution programs, disorderly conduct, probation violation, resisting arrest, warrants, search and seizure, order of protection, preliminary hearings, and arraignments. These services are essential for protecting your rights and navigating the complex legal system.

Criminal Trial Defense Process in Illinois

The criminal trial defense process in Illinois involves several key stages, including the investigation, arrest, arraignment, pre-trial motions, trial, and sentencing. During the investigation, law enforcement gathers evidence through various means, such as surveillance, witness interviews, and forensic analysis. The arrest process involves taking the accused into custody, booking, and initial court appearances.

The arraignment is the first court appearance where the charges are formally read, and the defendant enters a plea. Pre-trial motions involve legal arguments to suppress evidence, dismiss charges, or compel discovery. The trial itself involves presenting evidence, cross-examining witnesses, and making legal arguments before a judge or jury.

Sentencing follows a conviction, with the judge imposing penalties based on the severity of the offense and the defendant’s criminal history.

The Benefits of Having a Criminal Defense Attorney

Having a skilled criminal defense attorney is crucial for protecting your rights, navigating the complex legal system, and achieving the best possible outcome in your case. An experienced attorney can provide invaluable assistance by challenging the prosecution’s evidence, negotiating plea deals, and presenting a strong defense at trial.

Criminal Case Process and Why You Need an Attorney

The criminal case process involves several stages, each requiring skilled legal representation. From the initial investigation and arrest to arraignment, pre-trial motions, trial, and sentencing, an experienced attorney can provide the knowledge, skills, and resources necessary to effectively defend against the charges.

Potential Legal Defenses

Potential legal defenses vary depending on the specifics of the case but can include challenging the legality of the arrest, questioning the accuracy and reliability of evidence, and presenting alibi witnesses or other exculpatory evidence.

Qualities to Look for in a Criminal Defense Attorney

When selecting a criminal defense attorney, look for qualities such as experience, knowledge of the law, a track record of success, strong communication skills, and a commitment to protecting your rights.

Questions to Ask a Potential Criminal Defense Attorney

During a free consultation, ask questions about the attorney’s experience with similar cases, their approach to defense, potential outcomes, legal fees, and how they plan to communicate and keep you informed throughout the process.

FAQs About Criminal Defense in Chinatown, Chicago

What should I do if I’m arrested in Chinatown, Chicago? Remain calm, exercise your right to remain silent, and contact an experienced criminal defense attorney immediately.

What are the penalties for a DUI conviction in Illinois? Penalties can include fines, jail time, license suspension, and mandatory participation in alcohol education programs.

Can I get my criminal record expunged in Illinois? Expungement eligibility depends on the nature of the offense and your criminal history. An experienced attorney can help determine if you qualify.

How long does the criminal case process take in Illinois? The duration varies based on the complexity of the case, court schedules, and other factors. Your attorney can provide a more accurate timeline.

Why do I need a criminal defense attorney? An attorney can protect your rights, challenge the prosecution’s evidence, and work towards achieving the best possible outcome in your case.

Why Defendants Need an Attorney

Facing criminal charges without an attorney is a serious mistake that can lead to severe consequences, including a criminal conviction, imprisonment, fines, and a permanent criminal record. An experienced criminal defense attorney can provide the knowledge, skills, and resources necessary to effectively defend against the charges and protect your future.

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

If you are facing criminal charges in Chinatown, Chicago, Illinois, don’t face it 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 Chinatown and throughout Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us Attorney David Freidberg help you navigate the legal system and fight for your future.