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In common use, and in the laws of some states, the terms “assault” and “battery” are often used interchangeably. However, in Illinois, while they are often heard in conjunction with one another, they each have specific legal definitions and are considered separate crimes. So, what is the difference between assault and battery in Illinois?
According to Illinois law, you assault someone when you act in a way that leads them to fear that you will physically harm them or make unwanted physical contact. As a simple example, if you say to a person, “I’m going to hit you” and raise your hand to slap them, then that could be considered assault. Actual physical contact or injury is not necessary for a person to press assault charges.
In order to secure a conviction on charges of drug possession, the State of Illinois generally needs evidence of the drugs in question. In most cases, this evidence is obtained through a search of the offender’s person or property. However, these searches are not permitted under just any circumstances. If you are facing drug possession charges, you should understand when Illinois law enforcement is—or is not—justified in executing a search.
The Fourth Amendment to the U.S. Constitution provides protection from unreasonable search and seizure. In effect, this means that law enforcement cannot legally search you or your property on a whim. They must have a reason to do so, and in most cases, they must also have a warrant issued by a judge. A judge will only grant a warrant if law enforcement can produce a written statement given under oath that shows probable cause of finding evidence of a crime. In order to obtain a warrant, law enforcement also must be specific as to the person or property to be searched, as well the types of evidence that may be seized.
Allegations of domestic violence can have serious consequences for the accused, especially if they result in a conviction for a criminal offense like assault or battery. However, in some cases the consequences can start to take effect much sooner. If you are accused of domestic violence, you could be immediately arrested and detained, and it is important that you understand your rights.
Many states have mandatory arrest laws for cases involving allegations of domestic violence, requiring a responding law enforcement officer to take the accused into custody if there is probable cause to believe that domestic violence has occurred. Illinois law is not as strict in this regard, but officers still have the discretion to make an arrest, with or without a warrant, if there is cause to believe that a person has committed an act of domestic violence.
Under Illinois law, traffic violations range widely from minor offenses resulting only in fines and driver’s license points, to serious crimes that can result in prison sentences and additional consequences. Reckless driving is an example of the latter. However, it can be difficult to know whether you will face this serious charge after an arrest because of the somewhat vague definition of reckless driving. This makes it all the more important to hire an experienced defense attorney as soon as possible.
According to the Illinois Vehicle Code, there is one specific offense that constitutes reckless driving: knowingly using an incline on the road to make your vehicle airborne. However, this is far from the only situation in which a person can face reckless driving charges. The definition of the offense also includes any situation in which a driver shows “willful or wanton disregard” for people or property, which may encompass many behaviors related to speeding, ignoring traffic signals, erratically changing lanes, driving in the wrong direction, and more.
As is common throughout the United States, Illinois outlaws many forms of violent crime. If you are accused of a crime involving harm or attempted harm toward another person, the severity of the charges you face depends in large part on the circumstances surrounding the alleged criminal act. One factor that can significantly increase the severity of a criminal sentence is the use of a deadly weapon in the commission of the crime.
A number of crimes in Illinois become much more serious when a weapon is involved. Depending on the circumstances, a lesser misdemeanor can be increased to a greater misdemeanor or felony, or a felony can increase to one of the most serious charges under Illinois law. Here are just a few examples of crimes that are exacerbated when the perpetrator is armed:
If you were caught driving under the influence of alcohol in Illinois, your driver's license may have been suspended or revoked. Without a valid driver’s license, it becomes unlawful to drive a motor vehicle. Losing your ability to drive can be a massive inconvenience. Fortunately, Illinois drivers may be able to get relief through a Restricted Driving Permit (RDP) or a Monitoring Device Driving Permit (MDDP). These programs allow you to get back on the road legally. There is just one catch – you must install a breath alcohol ignition interlock device (BAIID) in your car. Many drivers wonder, “Is there a way to cheat a BAIID?”
Driving under the influence of alcohol puts the driver’s life and the lives of others at risk. Consequently, Illinois state has instituted policies to prevent drunk driving. One of these rules is the BAIID requirement. Once a BAIID is installed in your vehicle, you must successfully pass a breath alcohol test to use the vehicle. You will need to blow into the mouthpiece and submit a breath sample before starting the car. The device will instantly analyze the sample for alcohol. If the BAIID detects even a very small amount of alcohol, your car will not start. If the device does not detect alcohol on your breath, your car will start up normally. You will be prompted to submit additional breath samples by blowing in the mouthpiece as you drive.
The legal blood alcohol content limit for anyone operating a motor vehicle is 0.08 percent. Consequently, many motorists assume that an individual may only be arrested for driving under the influence of alcohol or drugs (DUI) if their blood alcohol content is above this limit. However, it is possible to be arrested for DUI even if you pass a breathalyzer test or refuse to take the test. If you have been arrested for DUI, knowing your rights regarding DUI-related traffic stops, breathalyzers, and blood tests is key to forming a strong defense against the charges.
In Illinois, 0.08 percent BAC or higher is considered intoxicated “per se” or intoxicated by law. However, Illinois law does not require per se intoxication for a DUI arrest. The law states that it is illegal to be in “actual physical control” of a vehicle while:
Having a criminal record can impact your ability to gain employment, suitable housing, educational opportunities, and more. A mistake you made in your youth can influence your life years or even decades later. Some individuals have arrests on their record even though they were not actually convicted of the offense for which they were arrested. Fortunately, there may be a way to get your criminal record erased or “expunged” in Illinois. If you do not qualify for expungement, you may still qualify for record sealing.
When a criminal record is expunged, the documentation of the arrest or charges is destroyed. The record will not show up on a background check. It is as if the charges never happened. Many people do not realize that even if they are acquitted of criminal charges or the case is dismissed, there is still a record of the arrest and charges. Fortunately, you may be able to file a petition with the court to have your record expunged. You may qualify for expungement if:
If you are a minor who has been arrested and charged with a crime or you are the parent of a juvenile offender, you may be unsure of what to expect. You may have heard that children can sometimes be treated the same as adults in an Illinois criminal case but do not know the circumstances under which this can occur. Anyone under the age of 18 is a minor in Illinois; however, there are situations in which a minor may be tried and sentenced as if he or she was an adult. The alleged offense, the offender’s age and background, and other factors can influence where a juvenile case is heard.
Illinois judges have discretion when it comes to juvenile criminal cases. When determining whether to send a minor to juvenile court or adult court, the judge will consider:
All DUI charges are serious, and a conviction for driving under the influence of alcohol, marijuana, or other drugs can lead to the revocation of your driver’s license, the requirement to use an ignition interlock device in your vehicle, significant fines and legal fees, and even a prison sentence. However, you may face even more serious charges if you are accused of committing aggravated DUI, which is a felony offense.
In most cases, a first-time DUI or a second DUI will be charged as a misdemeanor. A third or subsequent DUI will be charged as a felony. A conviction will result in a 10-year driver’s license revocation for a third offense and a lifetime revocation for any subsequent offenses.
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