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Joliet criminal defense attorneyArguments and disputes can sometimes turn into physical altercations, and if deemed serious enough, could even involve the police. Many people think that assault and battery go together, but they are actually two distinct criminal offenses under Illinois law. Assault is defined as inflicting physical harm, or in some instances, a threat or attempt to commit such an action. Either act can result in criminal prosecution and/or a civil liability depending on the circumstances. However, there are certain factors that can elevate the charges to aggravated assault, which can result in serious penalties in Illinois, including a lengthy prison sentence. In some cases though, a person may be wrongfully accused, making it crucial to consult with a skilled criminal defense attorney to avoid a conviction.    

Aggravating Factors

Although laws differ by jurisdiction, aggravating factors may include the use of a deadly weapon during the criminal act. It can also be considered aggravated if the assault or battery was committed while a person is attempting to commit another crime. Who the alleged victim is can elevate the charges to aggravated, such as if he or she is a child, female, or law enforcement officer. A deadly weapon can include the following items:

  • Guns/firearms

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Joliet criminal defense attorneyThere are many acts that can result in a criminal charge. For some offenses, physical harm or the threat of harm is involved, but that is not the case in other crimes. Many people have heard of the phrase “disorderly conduct,” but they may not know what exactly that entails. Some may think it is simply disturbing neighbors by playing loud music, yelling during a domestic argument, or revving a motorcycle or car engine. 

Under Illinois law, disorderly conduct is a criminal charge that includes numerous actions or behaviors. The statute defines it as “an act in such unreasonable manner as to alarm or disturb another, to provoke a breach of the peace.” Disturbing the peace can result in criminal charges depending on the extent of the incident. It is important to know what actions constitute disorderly conduct in order to avoid an arrest and possible conviction. 

What Actions Constitute Disorderly Conduct?

If police believe that certain behaviors cause enough of a disturbance, an officer may place someone under arrest for this offense. A few examples of disorderly conduct in Illinois include:

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Will County criminal defense attorneysThe topic of gun rights is often the cause of heated debates. The Second Amendment of the U.S. Constitution guarantees the right to bear arms., but gun laws across the country vary depending on the state. Illinois residents who want to possess firearms or ammunition must have a Firearm Owners Identification (FOID) card, which is issued by the Illinois State Police to qualified applicants. There are certain qualifications that a person must meet to obtain a FOID card, and then he or she must follow the stipulations or face criminal charges for violating the terms of it. 

Typical FOID Violations

There are several ways that someone can violate the terms of a FOID card. This includes unlawful use of a weapon (UUW). When this happens, the card may be revoked. If a person’s FOID is revoked, he or she must surrender it to police. In addition, the gun owner must surrender the card to law enforcement and disclose the make, model, and serial number of each firearm owned by the revoked cardholder.  

Several of the factors that would constitute noncompliance of the rules for a FOID card include: 

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Will County traffic violations attorneysMay is National Motorcycle Awareness Month. Motorcycles share the road with much larger vehicles, and they can be more difficult to see due and also more vulnerable in a crash due to their smaller size and lack of protection. Motorcycle accidents can lead to serious injuries and even fatalities, especially to the person operating the motorcycle. That is why it is important for all motorists to be aware of other vehicles when traveling, whether it is a rural or urban street. Motorcycle riders have the same rights and responsibilities as other drivers. This also means they must obey all traffic laws, signs, and signals just like other motorists. If you are a motorcycle rider, it is important to understand the traffic laws that pertain to you to avoid violating them as well as causing a collision. In some situations, a traffic violation can even lead to criminal charges. 

Illinois Motorcycle Laws

It is not uncommon to see motorcycles weaving in between cars that are stopped in traffic or proceeding slowly in construction zones. However, this practice—known as “lane splitting”—is not allowed in Illinois. Motorcycle drivers are prohibited from passing between two other vehicles going in the same direction unless there is an open traffic lane to permit passing safely. 

Illinois is one of the few states that does not require motorcyclists to wear helmets. Eye protection such as goggles or glasses is required unless a windscreen is installed on the bike.

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Will County weapons charges defense attorney

Regulations regarding firearms and weapons are taken very seriously in the state of Illinois due to the possible risk that they can pose to citizens and the high number of shootings that occur in the United States every day. However, the debate continues — do people feel more or less safe with a gun in their hands? Many Americans argue that owning a gun and being able to defend themselves if necessary provides them with a high level of reassurance. Infringing on the Second Amendment is not something that all U.S. lawmakers necessarily wish to do, but keeping people safe is also one of their main priorities. For this reason, Illinois residents are able to possess a gun as long as they follow the rules and regulations that are in place. Coronavirus has resulted in many changes throughout the country, including gun regulations. COVID-19 has actually led to a spike in gun purchases and a loosening of these regulations to adhere to the societal changes resulting from this pandemic.

What Permits Are Needed to Own a Gun?

In order to possess and carry a gun in Illinois, there are two separate permits needed. A Firearm Owners Identification (FOID) card is required for anyone to legally possess firearms or ammunition in Illinois. This is issued by the Illinois State Police to qualified applicants. There are also a number of eligibility rules to obtain a FOID card, most of which look at the applicant’s criminal background. For example, he or she cannot be convicted of a felony or be the subject of an order of protection due to domestic violence.  

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Will County Bar Association Illinois State Bar Association Lions Minooka AV 2019 Rotary DuPage County Bar Association
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