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Is There a Difference Between Assault and Battery in Illinois?
The 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.
Can First Responders Claim Workers’ Compensation in Illinois?
Law enforcement and firefighting professionals face danger on a regular basis. Their jobs are to protect and save citizens, even if that means putting themselves in peril. This means injuries can be prevalent for individuals in these occupations, especially due to the physical nature of their duties. In certain situations, workers’ compensation benefits can be claimed if one of these workers suffers an injury on the job. In Illinois, first responders can file for workers’ comp benefits, with exceptions for police and firefighters employed by the City of Chicago.
Common First Responder Injuries
Police officers have a greater chance of incurring a work-related injury or illness than those in many other occupations. Nonfatal injuries and illnesses that cause officers to miss work may be the result of violence, animal attacks, or even falls while on duty. For example, when serving search warrants, an officer could face a suspect who pulls a gun or a knife. A suspect could also be combative by hitting, kicking, or shooting at law enforcement. Other cause of injury may include vehicle collisions while patrolling the roadways. When making a traffic stop, an offender may try to evade or elude police, which sends the officer on a high-speed chase, which could result in a crash.
What Are the Penalties for Unlawful Use of a Weapon in Illinois?
With 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.
Plainfield Woman Falls Out of Carnival Ride
For some people, enjoying a Ferris wheel, merry-go-round, roller-coaster, or other ride is the highlight of a trip to an amusement park or fair. For others, just the thought of riding one of these rides is enough to put knots in their stomach. While the vast majority of amusement park, carnival, and fair rides are completely safe, accidents do happen. Sometimes a ride glitches because it has not been properly maintained. Other times, a ride operator makes a mistake and causes a malfunction.
Whatever the reason, ride accidents are usually horrifying for the individuals on the ride as well as spectators watching from the ground. When negligent design, manufacture, construction, or operation is the cause of a ride accident which causes injury or death, a personal injury lawsuit can help recover damages.
Broken Track Being Blamed for Roller-Coaster Breakdown
An Illinois woman is reportedly out of the hospital after falling from a roller-coaster last month. The 45-year-old woman was attending the Plainfield Fest carnival when she decided to ride a roller coaster called the Iron Dragon. Another passenger on the Iron Dragon said, “Things started to feel really unstable. It felt like we sloped inward and crashed down… I saw a woman fly by me.” Fortunately, the woman only fell about five feet. She was treated at a local hospital and released the same day. The accident is currently being investigated by the Illinois Department of Labor, Amusement Ride and Attraction Safety Division.
What Is a Moving Violation in Illinois?
Every 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.
What Are the Penalties for Domestic Violence Charges in Illinois?
Domestic 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:
What Are the Penalties for Possession Compared to Distribution in an Illinois Drug Charge?
The 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:
Can I Reinstate My Illinois Driver’s License After a DUI?
Driving under the influence (DUI) of drugs or alcohol is a serious offense in Illinois. Regardless if it is a first DUI or a repeat or aggravated DUI charge, the consequences are significant if convicted. Penalties can include jail time, steep fines, and/or suspended license. Upon conviction of DUI, the guilty party will have a mandatory revocation of his or her driver’s license. If a person’s license is revoked, it can impact his or her life significantly, especially if he or she does not have an alternate mode of transportation to get to and from work. This penalty is not permanent; however, as it is possible for an offender to have his or her driver’s license reinstated after a period of time and after certain conditions are met.
The Possible Consequences of a Commercial Driver’s License Violation in Illinois
In Illinois, there are three types of driver’s licenses: commercial driver’s license; chauffeur’s license; and personal vehicle driver’s license. To drive certain types of commercial vehicles, drivers are required by federal law to possess a commercial driver’s license (CDL). Commercial driver’s licenses are categorized as Class A, B, and C licenses depending on the weight of the vehicle and its load.
A commercial motor vehicle (CMV) driver must follow certain rules and regulations to maintain his or her CDL license. CDL violations carry significant penalties and can result in a loss of driving privileges.
Types of CDL Violations
Certain traffic violations involving a commercial motor vehicle (CMV) as well as a driver’s personal vehicle can affect the eligibility to operate a CMV. Some of the offenses that warrant a CDL violation and possible suspension include:
Understanding the Differences Between Burglary and Robbery in Illinois
When people hear the words burglary and robbery, they may think they are the same crime. Although similar in nature, there are differences that make them separate in terms of penalties. Whether or not a weapon was involved in committing the act also factors into the legal consequences. Burglary is when a person illegally enters a building in order to commit a crime while inside. Robbery involves taking money or property from a person without permission by force or intimidation with the intent to keep the property permanently. In Illinois, both burglary and robbery convictions are serious crimes and can result in significant prison time in addition to steep fines.
Penalties for Burglary and Robbery
In most cases, burglary is considered a felony. Illinois laws determine burglary penalties based on certain factors such as:
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