3601 McDonough Street, Joliet, IL 60431

Call Us815-727-0100

McNamara Phelan McSteen, LLC

Will County criminal defense attorneyThe terms “assault” and “battery” often go hand in hand, which may cause someone to think it is one crime. However, they are separate offenses according to Illinois criminal law. Under the Illinois Criminal Code, criminal charges are divided into two groups: offenses against property, and offenses against a person. Crimes against property can be in the form of robbery, burglary, theft, and arson. Crimes against individuals can include kidnapping, sexual abuse/assault, homicide, and “bodily harm.” Assault and battery fall under bodily harm, and the penalties can differ depending on the circumstances of the case.

Two Distinct Crimes

Illinois law states that an assault occurs when an individual “engages in intentional conduct which places another in reasonable apprehension of receiving a battery.” That includes a verbal or implied threat (menacing hand gestures or body language) of battery that causes an individual to feel afraid of impending violence. Approaching someone with raised or clenched fists is likely to be considered assault. 

Battery is committed when a person “intentionally or knowingly causes bodily harm to an individual,” or “makes physical contact of an insulting or provoking nature with an individual.” Acts that constitute battery can include pushing, striking, kicking another person, or throwing an object at someone, resulting in injury.

...

Will County weapons violations attorneysWith limited exceptions, every United States citizen has the Second Amendment right to keep and bear arms. According to Illinois’ Concealed Carry Act, a person must obtain a permit in order to carry a gun in public. In addition, gun owners must have a Firearm Owner’s Identification Card (FOID).

Unlawful of a Weapon (UUW) is a serious crime in Illinois. If a person is arrested for having a gun in public, and he or she does not have a Concealed Carry Permit, the charge is UUW. If an individual does not have a FOID Card or if the gun was loaded, he or she will be charged with an Aggravated UUW. Both charges could result in hefty fines and jail time if convicted. It is important for gun owners to understand what constitutes the unlawful use of a weapon.

Punishments for UUW Offenses

Illinois law provides the definitions, offenses, and penalties pertaining to UUW charges in the state. While many violations of this statute are classified as misdemeanors, an offender could face felony charges depending on the circumstances. 

...

Joliet traffic violations attorneyEvery motorist is responsible for driving safely and following the rules of the road. Statistics show that almost all U.S. drivers have been or will be pulled over by law enforcement at least once in their lifetime for a traffic violation. The fact that these violations are fairly common should not mean they should be taken lightly. Any act that breaks the law is serious, and a moving violation has the potential to cause other drivers or pedestrians harm.

Moving Versus Non-Moving Violations

It is important for all drivers to understand the difference between a non-moving and a moving violation. A non-moving violation is just like it sounds; the offense committed was at a time when the vehicle was stopped or parked. If a car is in motion when the driver commits a traffic violation, that is considered a moving violation. 

Examples of non-moving violations include parking in a handicap space without proper license plates or signage; stopping in a no-stop zone, or having an expired vehicle registration or license. Under Illinois law, many traffic offenses are considered moving violations, which carry stiffer penalties compared to non-moving traffic violations. Moving violations include but are not limited to:

...

Joliet domestic violence defense attorneyDomestic violence of any kind is against the law in Illinois. There are many acts that constitute domestic abuse. According to the Illinois Domestic Violence Act, any individual who hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of another family or household member has broken the law. Abuse can take place regardless of race, geographic location, or income level, and for many different reasons. The abuser may suffer from certain mental health issues such as addiction or post-traumatic stress disorder. An act of domestic abuse can also be performed in self-defense or defense of another person, or as a result of mutual combat. No matter what leads to domestic violence, there will be legal repercussions.   

Domestic Battery

Domestic battery is when a person intentionally causes bodily harm to a family or household member or makes physical contact in a provocative or insulting way. Domestic battery is considered a Class A misdemeanor, but it is increased to a Class 4 felony if the defendant has a previous conviction for domestic battery or if the action involves one of the following circumstances:

  • Battery using a firearm;
  • Battery involving a child; and
  • Battery involving sexual assault.

Domestic battery is also punishable as a Class 4 felony if the defendant has been convicted previously for committing a violent crime against a family or household member such as: 

...

Joliet criminal defense attorneyThe state of Illinois recently passed a bill legalizing recreational marijuana use starting in 2020. However, there are still restrictions on amounts a person can have, as well as where you can buy it. There are also many other illicit drugs such as heroin, cocaine, and more that remain illegal in Illinois.

Drug charges are taken seriously in the state of Illinois. The Illinois Controlled Substances Act criminalizes the intentional possession, manufacture, and delivery of specific controlled substances. The severity of punishment for drug charges depends on three factors: the type of drug, the quantity, and the type of crime. It is important to know the difference between possession and the distribution of drugs in case you are facing charges for either of these crimes.

Drug Possession

Possession means that a person has a controlled substance under his or her control, which can be in the individual’s car, home, or on his or her body/clothing. In order to convict someone for drug possession, prosecutors must prove all of the following beyond a reasonable doubt:

...
Will County Bar Association Illinois State Bar Association Lions Minooka AV 2019 Rotary DuPage County Bar Association
Back to Top