Aggravated battery is a serious violent felony. This kind of conviction can leave a black mark on your record that will follow you for the rest of your life. You might be seen as a dangerous person by potential future employers, landlords, or others who require a criminal background check. You could be denied a lot of future opportunities. However, most aggravated batteries occur between people who know each other or have some type of relationship, and many involve some degree of provocation. If you are facing aggravated assault or battery charges, you need an experienced Chicago, IL felony
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Can I Be Charged With Burglary on My Own Home?
Whether you can be charged with burglary for entering your own home depends on whether the place you consider your home is a place where you have the legal right to be. People have been charged with and convicted of burglary for re-entering a home after moving out or being forced out, such as by a restraining order. You might also be charged with burglary if you were staying in a home but had not established legal tenancy and the legal resident had told you to leave. If you are charged with burglary for entering a place you considered to…
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Can My Mental Illness Help My Criminal Defense Case?
When someone is convicted of a crime, Illinois courts tend to take many factors into consideration when determining the specific charges and penalties. Judges examine whether there are any mitigating circumstances, or factors that might convince them to hand down a more lenient punishment than usual. These can include the defendant’s background and motives, whether he or she has shown remorse, the severity of the crime in question, and other relevant issues.
In recent years, as awareness of the impact of mental health on behavior has increased, mental illness has been included in the list of mitigating factors considered by…
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Can Parents Be Charged for a School Shooting by Their Child?
As school shootings continue happening across the country, law enforcement and legislators have been trying to figure out ways to stop them from happening. One strategy has been to punish parents for their child’s crime, based on the idea that the fear of criminal charges could motivate parents to take more responsibility and take preventative steps.
A recent case out of Michigan in which the parents of a school shooter were convicted of involuntary manslaughter and sentenced to 10-15 years in prison has highlighted the developing trend to punish parents for their children’s actions. Their minor child was sentenced to…
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Charges for Shaking a Baby in Illinois
Children and babies are susceptible to many types of accidents and injuries. When a baby dies suddenly from severe brain damage, suspicions quickly arise that the baby was shaken by a parent or caretaker. Diagnosing Shaken Baby Syndrome has become controversial due to inaccuracies, and infant death can be the result of many things aside from abuse. A recent case involving a caretaker pleading guilty to second-degree murder and getting sentenced to 14 years in prison for shaking a baby to death illustrates just how serious this can be. If grieving parents are placed under investigation and facing charges,…
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How Can I Appeal My Conviction in Illinois?
Being convicted of a crime can be extremely distressing. You are likely thinking about your rights and freedoms that will be taken away from you and the implications the criminal charges can have on your future. Depending on your case, you might be able to appeal your conviction, but you need to do it as quickly as possible. If you want to appeal your Illinois conviction, speak with an experienced Chicago, IL criminal defense lawyer to review your options.
When Does Illinois Allow Conviction Appeals?
There are certain circumstances under which a conviction or sentence can not be appealed, but…
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Criminal Consequences When a Baby Tests Positive for Drugs
When babies are born, the hospital runs several routine blood tests to monitor their general health. In the past, Illinois hospitals were legally required to report to the authorities if a baby tested positive for drugs. That often led to investigations and criminal charges. Advocates for getting mothers the help they need while focusing on the baby’s best interests have led to changes in the law. If you are concerned your baby might test positive for drugs and unsure of the legal implications, speak with a qualified Chicago, IL criminal defense attorney to learn more.
Illinois’s New Reporting…
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How Prior Criminal Records Can Affect Sentencing in Violent Crime Cases
If you are facing serious criminal charges in Illinois, there are so many factors that can affect how it might end. If you get convicted, your sentence might be influenced by several aspects like the credibility of eyewitnesses, the setting where the crime allegedly took place, and even your ethnicity. One thing that can make your case even more complicated is if you already have a criminal record. When someone is charged with a violent crime, any past convictions can affect how severe their punishment might be. If you or someone you know is dealing with such charges, speak…
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4 Steps to Follow When Someone Accuses You of Rape
Rape allegations are taken extremely seriously in Illinois and can lead to severe consequences. Beyond the potential for extended imprisonment, hefty fines, and lifelong registration as a sex offender, rape accusations can damage your ability to get hired for employment or approved for housing, and they can impact your relationships for the rest of your life. This article will review important steps to take immediately if you are accused of rape, which is commonly referred to as criminal sexual assault in Illinois. If you think you might be facing accusations of rape, speak with a qualified Cook County, IL criminal…
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Who Did the Illinois Felony Murder Doctrine Reform Leave Behind?
England is the origination point for felony murder laws, yet those laws were abolished in 1957. Today, America is the only country where felony murder laws exist. Illinois expanded the ways felony murder could be charged in 1961 after having the law in place since 1827. Then, on January 22, 2021, the Illinois Safety, Accountability, Fairness, and Equity-Today, or SAFE-T Act, was signed into law by Governor JB Pritzker.
A provision that narrowed—but did not abolish—Illinois felony murder laws was tucked away in the SAFE-T Act. Many people who fell under the felony murder law seem to have…
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Felonies and Misdemeanors in Illinois
It can be confusing trying to understand the different ways a crime might be charged and punished in Illinois. Some crimes are charged as ordinance violations, misdemeanors, or felonies. Some charges are categorized by type, for example, drug crimes, traffic crimes, crimes against a person, and crimes against property. Each type of charge has its own set of penalties. This article will review various types of misdemeanors and felonies. If you are interested in learning more, speak with a knowledgeable Chicago, IL criminal defense lawyer.
Categorized by Severity of Crime
One of the ways that crimes can be…
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How Does Illinois Define the Crime of Statutory Rape?
The state of Illinois takes all accusations of sex crimes seriously, particularly if you are accused of having sexual relations with anyone younger than 17 years old, even if your sexual partner offered their consent. Of course, there are exceptions to this rule. Additionally, some scenarios might be punished much more severely than others. This article will examine statutory rape charges and various factors that can impact sentencing. If you have reason to believe you might be facing accusations of statutory rape, it is essential that you speak with a qualified Chicago, IL criminal defense attorney as soon as possible…
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Criminal Cases and Social Media
The way we live today is how “the distant future” was depicted only a few decades ago. We walk around with phones that are essentially computers fitting in our pockets. We have access to endless information, we have capabilities that people used to only be able to imagine, and our technology helps us accomplish so many things. Unfortunately, with this technology so accessible to so many, things that we do and write can be seen by people we do not even know.
That is the problem with social media. On the one hand, it makes life easier because it is…
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How to Respond to Sex Crime Accusations
The state of Illinois takes sex crimes accusations very seriously. The charges and sentences you might face could affect you for the rest of your life. Even if you are innocent and have been falsely accused, there are some steps you should take as soon as you know that an accusation has been made against you. Following these steps after an accusation can have a significant impact on the outcomes and can make a huge difference to your future. If you are accused of criminal sexual assault, speak with a dedicated Cook County, IL sex crimes defense attorney who…
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Know How to Invoke Your Miranda Rights After an Arrest
Police officers must read Miranda Rights to anybody they plan on detaining for questioning following an arrest. Although law enforcement is required to inform you that you have the right to remain silent and to contact an attorney, they will likely not inform you of how to take advantage of these rights.
If you want to ensure that your rights are protected, you need to speak with our Chicago criminal defense attorney. With over a decade of criminal defense experience, he is ready to assist you following an arrest for a federal or state-level crime.
What are Miranda Rights?
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Signs You Might Be Under Federal Criminal Investigation
If you have been charged with a federal crime, you may be facing prison time and steep fines. Although you may not be formally notified, federal agencies routinely investigate suspects of federal crimes.
If you have reason to believe that you are under investigation, do not wait to reach out to Law Offices of James F. DiQuattro. In this article, our Chicago federal crimes attorney discusses the telltale signs that you are under federal criminal investigation.
Receiving a Target Letter
Receiving a target letter from the U.S. Department of Justice or U.S. Attorney’s Office is a sure sign that you…
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