Lincoln Square is a unique neighborhood in Chicago, blending a mix of historical charm with modern urban living. Despite its friendly atmosphere, residents and visitors alike can find themselves in legal trouble, facing serious criminal charges. If you or someone you know is charged with a crime in Lincoln Square, you need an attorney who understands Illinois criminal law and has the experience to build a strong defense. The Law Offices of David L. Freidberg provides aggressive criminal defense to protect your rights and secure your future.
Illinois Criminal Statutes and Penalties
Illinois law defines a wide range of criminal offenses, from misdemeanors to felonies, under the Illinois Criminal Code (720 ILCS 5). Misdemeanors include less severe crimes but can still result in jail time and heavy fines. Felonies are more serious offenses, carrying penalties that may include years in prison and substantial fines.
Some of the most common criminal offenses in Illinois include:
- Assault and Battery: Assault involves threatening someone with harm, while battery is the act of causing physical harm. Simple battery is classified as a Class A misdemeanor under 720 ILCS 5/12-3, punishable by up to one year in jail. Aggravated battery, such as causing serious injury or using a deadly weapon, can result in a Class 3 felony, with a sentence of two to five years in prison.
- Drug Crimes: Illinois takes drug offenses seriously, especially when it comes to controlled substances like cocaine, heroin, or methamphetamine. Possession of these substances is often charged as a Class 4 felony under the Illinois Controlled Substances Act (720 ILCS 570), punishable by up to three years in prison. Drug trafficking or distribution results in even harsher penalties, including a Class X felony conviction, with prison terms of six to 30 years.
- Theft and Property Crimes: Theft charges are governed by 720 ILCS 5/16-1 and depend on the value of the property stolen. For instance, theft of property worth under $500 is a Class A misdemeanor, while theft over $500 can lead to a Class 3 felony.
- DUI: Driving under the influence is a serious crime in Illinois, regulated by 625 ILCS 5/11-501. A first-time DUI offense is usually charged as a Class A misdemeanor, which can result in one year in jail, fines of up to $2,500, and a license suspension. Repeat offenses or causing injury while driving under the influence can result in felony charges.
The Criminal Justice Process in Illinois
The criminal process begins with an arrest, followed by formal charges during the arraignment. After this, the discovery phase starts, where both sides exchange evidence. It’s at this stage that a defense attorney can file pretrial motions, such as motions to suppress evidence obtained illegally.
If the case moves to trial, the defense and prosecution will present their cases, and a jury or judge will determine guilt or innocence. Throughout this process, having a knowledgeable attorney is essential to ensure that your rights are protected and that all legal avenues are explored to reduce or dismiss the charges.
Types of Evidence Collected by Law Enforcement
Criminal cases rely heavily on evidence, and law enforcement typically collects a range of materials, including:
- Physical evidence: Weapons, drugs, or stolen property recovered during the arrest.
- Witness testimony: Statements from bystanders or victims who were present at the time of the crime.
- Electronic evidence: Phone records, social media activity, or emails.
- Surveillance footage: Video footage from security cameras can be pivotal in cases involving theft or violent crimes.
A skilled attorney will scrutinize the evidence, challenging any improper collection methods or lack of credibility in witness statements.
Legal Defenses for Criminal Charges
There are several defense strategies available depending on the nature of the crime:
- Self-defense: In cases involving assault or violent crimes, proving that you acted in self-defense can result in a dismissal of charges.
- Lack of intent: Certain crimes, such as theft or drug distribution, require the prosecution to prove intent. A defense attorney can argue that you had no intention of committing a crime.
- Unlawful search: If law enforcement conducted an illegal search or violated your rights during the arrest, the evidence collected may be inadmissible in court.
Why You Need a Criminal Defense Attorney
Criminal charges in Lincoln Square can lead to long-term consequences, affecting your ability to find a job, housing, or secure loans. Without a criminal defense attorney, you may face maximum penalties, including prison time and significant fines. The Law Offices of David L. Freidberg has a proven track record of defending clients against all types of criminal charges in Lincoln Square and throughout Cook County.
Our firm understands the complexities of Illinois criminal law and is committed to providing personalized and aggressive defense strategies.
Call Us For Your Free Consultation
If you are facing criminal charges in Lincoln Square or anywhere in Chicago, the Law Offices of David L. Freidberg can help. We provide aggressive, experienced criminal defense representation and offer 24/7 free consultations. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients in Lincoln Square, Cook County, DuPage County, Will County, Lake County, and the greater Chicago area.