Criminal Defense Lawyer in Orland Park, Illinois

Criminal Defense Lawyer in Orland Park, Illinois

As a seasoned criminal defense attorney serving Orland Park, Illinois, I am dedicated to providing robust legal representation to individuals facing various criminal charges. The criminal justice system can be overwhelming, and understanding the intricacies of the law is crucial in mounting an effective defense. Let’s now discuss multiple areas of criminal law, from assault and battery to white-collar crimes, outlining relevant statutes, the criminal case process, penalties, and the importance of having a knowledgeable attorney by your side.

Assault and Battery Offenses

Assault and battery are serious criminal offenses that can carry significant penalties. In Illinois, these charges are governed by several statutes, including 720 ILCS 5/12-3 (battery) and 720 ILCS 5/12-2 (aggravated battery).

Assault & Battery: Under 720 ILCS 5/12-3, a person commits battery if they knowingly cause bodily harm to another person or make physical contact of an insulting or provoking nature. This can result in misdemeanor charges, leading to fines and possible jail time.

Aggravated Battery of a Child: According to 720 ILCS 5/12-4.3, aggravated battery of a child occurs when an individual knowingly and intentionally causes great bodily harm or permanent disability to a child under 13. This is a Class X felony, carrying severe penalties, including long-term imprisonment.

Battery on a Law Enforcement Officer: Battery against a police officer is addressed under 720 ILCS 5/12-3.05(d). This aggravated battery is a Class 2 felony, resulting in harsher penalties due to the victim’s status as a law enforcement officer.

Aggravated Battery on a Police Officer: Defined under 720 ILCS 5/12-3.05(d), this offense involves knowingly causing bodily harm to a police officer performing their official duties. It is treated as a Class 2 felony with severe consequences.

Elderly Victim Assault & Battery: Under 720 ILCS 5/12-4.6, battery against an elderly person (60 years or older) is treated as aggravated battery, subjecting the offender to elevated penalties, including longer prison sentences.

Arson Offenses

Arson is a destructive crime with severe consequences. Illinois law addresses arson under several statutes, including 720 ILCS 5/20-1 (arson) and 720 ILCS 5/20-1.1 (aggravated arson).

Arson: According to 720 ILCS 5/20-1, a person commits arson when they knowingly damage property by fire or explosive. This offense can be classified as a Class 2 felony, with potential penalties including fines and imprisonment.

Arson on Federal Property: Governed by 720 ILCS 5/20-1.5, this statute addresses arson committed on federal property, resulting in federal charges and harsher penalties, including longer imprisonment and substantial fines.

Drug Crimes

Drug crimes are a major focus of law enforcement, with Illinois statutes imposing strict penalties for various offenses.

Possession of Controlled Substances: Under 720 ILCS 570/402, possessing controlled substances like heroin, cocaine, and ecstasy can lead to felony charges, with penalties varying based on the drug type and amount.

Delivery of a Controlled Substance: Addressed by 720 ILCS 570/401, delivering or intending to deliver controlled substances can result in serious felony charges, including long-term imprisonment and hefty fines.

Drug Trafficking: Governed by 720 ILCS 570/401.1, drug trafficking involves the large-scale distribution of controlled substances. This is a severe offense with penalties including lengthy prison sentences and significant fines.

Drug Conspiracy: According to 720 ILCS 570/405, participating in a conspiracy to distribute controlled substances is treated as a serious felony, often resulting in severe penalties similar to those for trafficking.

Domestic Violence Offenses

Domestic violence charges can have life-altering consequences. Illinois law takes these offenses seriously, with various statutes addressing different aspects.

Domestic Violence: Under 720 ILCS 5/12-3.2, domestic battery involves causing bodily harm to a family or household member. This offense can be classified as a misdemeanor or felony, depending on the circumstances.

Aggravated Domestic Battery: Defined by 720 ILCS 5/12-3.3, this occurs when the offender causes great bodily harm or permanent disability. It is treated as a Class 2 felony, with severe penalties, including imprisonment.

Domestic Assault: Similar to battery, domestic assault involves threats of harm. Governed by 720 ILCS 5/12-3.2, it can result in misdemeanor or felony charges, leading to fines and jail time.

DUI/Drunk Driving Offenses

Driving under the influence is a common but serious offense in Illinois, governed by 625 ILCS 5/11-501. DUI charges can have severe repercussions, impacting your driving privileges and personal freedom.

DUI: According to 625 ILCS 5/11-501, driving with a BAC of 0.08% or higher, or while impaired by drugs or alcohol, constitutes a DUI. Penalties for a first offense can include fines, license suspension, and mandatory alcohol education programs.

Reckless Homicide: If a DUI results in the death of another person, the driver can be charged with reckless homicide under 720 ILCS 5/9-3, a Class 3 felony with severe penalties, including long-term imprisonment.

Federal Crimes

Federal crimes are prosecuted by federal authorities and carry harsher penalties than state-level offenses.

Federal Assault: Under 18 U.S.C. § 111, assaulting a federal officer or employee is a federal crime, resulting in significant penalties, including imprisonment and fines.

Federal Kidnapping: Governed by 18 U.S.C. § 1201, kidnapping across state lines or involving federal jurisdictions results in severe penalties, including life imprisonment.

Federal Mail Fraud: According to 18 U.S.C. § 1341, using the mail system to commit fraud is a federal offense with substantial penalties, including long-term imprisonment and hefty fines.

Federal Unlawful Possession of Firearm: Under 18 U.S.C. § 922(g), possessing a firearm unlawfully, particularly for felons, results in severe penalties, including long-term imprisonment.

Property Crimes

Property crimes involve damage or theft of property and can carry significant legal consequences.

Vandalism: Defined under 720 ILCS 5/21-1, vandalism involves damaging property. Penalties can include fines, restitution, and imprisonment, depending on the extent of the damage.

Criminal Defacement of Property: According to 720 ILCS 5/21-1.3, defacing property, such as graffiti, is a serious offense that can result in fines and imprisonment.

Criminal Trespass to Land: Under 720 ILCS 5/21-3, entering or remaining on land without permission is a misdemeanor offense, leading to fines and potential jail time.

Theft and Fraud

Theft and fraud offenses can have severe penalties, including fines and imprisonment.

Theft: Governed by 720 ILCS 5/16-1, theft involves unlawfully taking property. The severity of the penalties depends on the value of the stolen property, ranging from misdemeanors to felonies.

Credit Card Fraud: Under 720 ILCS 5/17-31, using a credit card unlawfully is a felony offense, with penalties including fines, restitution, and imprisonment.

Identity Theft: Defined by 720 ILCS 5/16-30, using another person’s identity for fraudulent purposes is a serious felony, resulting in severe penalties.

Sex Crimes

Sex crimes carry some of the most severe penalties and lasting consequences.

Criminal Sexual Assault: Under 720 ILCS 5/11-1.20, this involves non-consensual sexual penetration. It is treated as a felony, with severe penalties, including long-term imprisonment and mandatory registration as a sex offender.

Child Pornography: According to 720 ILCS 5/11-20.1, possessing or distributing child pornography is a serious felony, resulting in harsh penalties, including long-term imprisonment.

Prostitution: Governed by 720 ILCS 5/11-14, engaging in or soliciting prostitution is illegal, with penalties including fines and potential jail time.

Violent Crimes

Violent crimes involve force or threat of force and carry severe legal consequences.

Murder: Under 720 ILCS 5/9-1, murder involves unlawfully killing another person. It is the most severe crime, with penalties including life imprisonment or the death penalty.

Robbery: Defined by 720 ILCS 5/18-1, robbery involves taking property through force or threat of force. It is a felony, with severe penalties, including imprisonment.

Kidnapping: According to 720 ILCS 5/10-1, kidnapping involves unlawfully confining another person. Penalties include long-term imprisonment and substantial fines.

Traffic Violations

Traffic violations can range from minor infractions to serious offenses that carry significant penalties.

Aggravated Speeding: Under 625 ILCS 5/11-601.5, speeding excessively is treated as a misdemeanor, with penalties including fines and possible jail time.

Reckless Driving: Defined by 625

ILCS 5/11-503, reckless driving involves driving with a willful disregard for safety. Penalties can include fines, license suspension, and imprisonment.

The Criminal Case Process in Orland Park, Illinois

Criminal cases begin with an investigation, where law enforcement gathers evidence to determine if a crime has been committed. This process can involve surveillance, interviews, and searches. If sufficient evidence is found, an arrest warrant may be issued.

The arrest process involves taking the suspect into custody, where they are read their rights and processed. This includes fingerprinting, photographing, and booking. Following the arrest, the suspect may be held in custody or released on bail.

If the case proceeds, it will go through several stages, including preliminary hearings, arraignment, pre-trial motions, trial, and sentencing. During the trial, both the prosecution and defense present their evidence and arguments. The judge or jury then decides the verdict, and if found guilty, the defendant will be sentenced according to the crime committed.

The Benefits of Having a Criminal Defense Attorney

Having a knowledgeable criminal defense attorney is crucial in navigating the complexities of the criminal justice system. An experienced attorney can protect your rights, challenge the prosecution’s evidence, and present a strong defense on your behalf. They can negotiate plea deals, seek reduced charges, and work towards achieving the best possible outcome for your case.

An attorney’s expertise can make a significant difference in the outcome of your case. They understand the legal system, the procedures, and the strategies needed to effectively defend against criminal charges. Having an attorney by your side ensures that your case is handled professionally and that your rights are protected throughout the process.

Potential Legal Defenses

There are various legal defenses available in criminal cases, depending on the specifics of the charges and the evidence. Common defenses include challenging the legality of the arrest, questioning the reliability of evidence, and demonstrating that the defendant did not commit the crime.

In cases involving assault and battery, self-defense may be a valid defense if the defendant can show that they were protecting themselves from harm. In drug cases, challenging the legality of the search and seizure can be an effective defense if the evidence was obtained unlawfully.

In DUI cases, questioning the accuracy of the field sobriety tests and breathalyzer results can be a strong defense. Additionally, demonstrating that the defendant was not impaired at the time of the arrest can be crucial in these cases.

Relevant Illinois Criminal Defense FAQs

What should I do if I am arrested?
If you are arrested, it is important to remain calm and assert your right to remain silent. Do not answer any questions without an attorney present. Contact a criminal defense attorney as soon as possible to protect your rights and begin building your defense.

Can a criminal conviction be expunged from my record?
In some cases, certain criminal convictions can be expunged or sealed from your record. This depends on the nature of the crime and your criminal history. An experienced attorney can help determine if you are eligible for expungement and guide you through the process.

What are the potential penalties for a DUI conviction?
Penalties for a DUI conviction in Illinois can include fines, jail time, license suspension, and mandatory participation in alcohol education programs. The severity of the penalties depends on the number of prior offenses and any aggravating factors present in the case.

How can a criminal defense attorney help me?
A criminal defense attorney can protect your rights, challenge the prosecution’s evidence, and present a strong defense on your behalf. They can negotiate plea deals, seek reduced charges, and work towards achieving the best possible outcome for your case.

What is the difference between a misdemeanor and a felony?
Misdemeanors are less severe crimes, punishable by fines and up to one year in jail. Felonies are more serious offenses, carrying harsher penalties, including long-term imprisonment and substantial fines.

Why You Need an Attorney

Facing criminal charges is a serious matter that requires skilled legal representation. Attempting to handle a criminal case without an attorney can result in severe consequences, including a criminal conviction, jail time, fines, and a permanent criminal record. An experienced criminal defense attorney can provide invaluable assistance by protecting your rights, developing a strategic defense, and working towards achieving a favorable resolution.

At The Law Offices of David L. Freidberg, we understand the complexities of criminal cases and the impact a conviction can have on your life. Our team is dedicated to providing personalized and aggressive representation to defend against criminal charges. We have a proven track record of success in achieving favorable outcomes for our clients, whether through negotiating plea deals or securing acquittals at trial.

Choosing the right attorney can make all the difference in the outcome of your case. With decades of experience, we have the knowledge, skills, and resources necessary to effectively defend against criminal charges and protect your future.

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

If you are facing any criminal charge in Orland Park, Illinois, 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 Orland Park, throughout Chicago, including Lake County, Will County, Cook County, and DuPage County, Illinois. Let our Illinois criminal defense law firm navigate the criminal justice system and help you fight for your future.