Violent Crimes

June 15, 2024

Navigating Federal Assault Charges under 18 U.S.C. § 113

by Law Offices of David L. Freidberg, P.C.

Federal assault charges are serious legal matters that can lead to significant penalties and lasting consequences. These charges are prosecuted under 18 U.S.C. § 113 and apply to assaultive behaviors occurring within the special maritime and territorial jurisdiction of the United States. This jurisdiction includes federal properties such as military bases, national parks, and government buildings. Understanding the intricacies of these charges, the relevant statutes, and potential defenses is crucial for anyone facing such accusations. As a criminal defense attorney in Illinois, I will provide an in-depth exploration of federal assault charges, focusing on the legal framework, penalties, defenses, and the importance of experienced legal representation.

The Statutory Framework

18 U.S.C. § 113 is the primary federal statute governing assault charges within federal jurisdiction. This statute categorizes assault into several distinct types, each with its own legal definitions and penalties. The categories include assault with intent to commit murder, assault with intent to commit any felony, assault with a dangerous weapon, assault resulting in serious bodily injury, assault resulting in substantial bodily injury to an intimate partner, and simple assault.

May 31, 2023

Two Charged in Attempted Carjacking

by Law Offices of David L. Freidberg, P.C.

The victim in this case shot and wounded one of the suspects in an attempted carjacking. The crime occurred in the 7600 block of Cicero Ave near the Ford City Mall, according to the report. The victim, who was 24, was approached by two suspects, one of whom was carrying a handgun. The suspect allegedly fired at the victim, who produced their own handgun and fired back. Police said the victim was legally authorized to carry a weapon and had a valid FOID/CCL license. The victim is not being charged with a crime in this case.

Self-Defense

In this case, the victim has a valid claim of self-defense since the suspect was found carrying a weapon and discharged that weapon. But not all cases of self-defense are so cut-and-dried. In many cases, a victim can be charged with a crime for discharging their weapon in public or even attempted murder.

March 22, 2023

Teen Charged After Kia Joyride Injures Two Officers

by Law Offices of David L. Freidberg, P.C.

A Chicago teen is facing criminal charges after stealing a Kia at gunpoint and taking it on a joyride. The vehicle eventually crashed into a police car and spun out into a parked car. The three teens inside the vehicle took off in different directions, but police were able to apprehend each of them. One of them had a gun. The victim was a 16-year-old girl. The suspect has been charged with armed robbery and criminal trespass to a vehicle. Both officers injured in the crash are expected to make a full recovery.

This particular teen will be charged as an adult. Charging documents have already taken off many of the worst allegations that can be made. The law likes to give 17-year-olds a chance to rehabilitate their lives. Unfortunately, prison is not the place for that. However, when it comes to 17-year-olds who commit violent crimes, most jurisdictions will pursue adult charges.

However, Chicago is once again in a swing toward “tough on crime” politics as news of crime draws criticism from the public.

March 15, 2023

Michigan Prosecutors Advance Charges Against Parents of School Shooter

by Law Offices of David L. Freidberg, P.C.

Michigan prosecutors are attempting to advance charges against the parents of a school shooter, claiming that the parents “should have known” that the boy had psychological problems due to his fascination with guns and disturbing drawings.

The idea that we all have the same set of values regarding weapons and horror art is not a smart position to take. Ultimately, the prosecutors need to convince a jury that parents would ultimately consider it within the realm of possibility that their child would commit a mass shooting. Parents rarely ever consider this. We will never know how many mass shootings were stopped by parental intervention, but it happens frequently enough to know that these parents are just as blindsided as the rest of society when their child commits an atrocity.

These parents are not getting a sick sense of satisfaction over the knowledge that their child is going to prison forever. They are devastated and their lives are ruined.

February 8, 2023

Police Officer Resigns After Shooting Police Officer

by Law Offices of David L. Freidberg, P.C.

A police officer has resigned amid criminal charges that set off a battle between two Indiana police departments, each with their own version of what happened. According to the now-resigned officer, he was checking on an abandoned vehicle when another vehicle approached him. Believing that this vehicle had nearly struck him intentionally, the officer opened fire on the car. Inside was an off-duty police officer headed home. The off-duty police officer insists he did nothing wrong.

The victim has called the officer who stopped him “a danger to society” and stated that “he doesn’t deserve to wear a badge.” The officer is a 13-year veteran of the force who was cuffed and taken into custody after the other officer shot up his personal vehicle.

Anyone Can Become the Victim of Police Violence

November 18, 2022

Violent Crime Reductions by Decade

by Law Offices of David L. Freidberg, P.C.

Since the late 80s, the United States has shown significant reductions in violent crimes and murders. The numbers continued to decline even as the U.S. population gained 100 million new members.

In 1960, the violent crime rate was about 160 incidents per 100,0000 people. By the end of the ‘60s, the number would more than double to 328 incidents per 100,0000 people. By the end of the ‘80s, there were almost 700 incidents per 100,000 people. The number peaked in 1991 when the U.S. reported over 750 violent crimes per 100,000 people.

But after 1991, the number started going down. In 1992, it decreased by only one percentage point, but by the end of the decade, the number had dropped to 523 violent crimes per 100,000 people. By 2009, we were below 500, at 431. In 2014, we hit a 40-year low at 372 violent crimes per 100,000 people. In 2019, we were at 379.

October 14, 2022

Chicago Police Officers Face Charges Related to Shooting of Unarmed Man

by Law Offices of David L. Freidberg, P.C.

Two Chicago police officers have been charged after an on-duty shooting of an unarmed man, according to the State’s Attorney’s Office. Charges were filed after video surveillance contradicted statements made by the police officers concerning the incident. The two officers now face charges of aggravated battery with a firearm, aggravated discharge of a firearm, and official misconduct. Each of these is a felony with a potential sentence of up to 30 years. The two have been relieved of duty.

The victim did not have a weapon, nor did he fire a weapon when police officers shot at him. He has since filed a lawsuit against the Chicago police. The man was shot twice in the back and once in the leg. His attorney says that he was not a threat to police officers when he was shot.

The situation was made worse after the victim was brought to the hospital for treatment. At the hospital, the victim was pulled away to answer questions. He was later released without charges and sent back to the hospital. He was still in pain and bleeding when he was he was being questioned.

October 7, 2022

18-Year-Old Held After Carjacking, Battery, Against 61-Year-Old Man

by Law Offices of David L. Freidberg, P.C.

Police have confirmed the arrest of an 18-year-old after a vicious carjacking against a 61-year-old man in Chinatown. The man was also of Asian descent. It is unclear if the man was targeted because of his ethnicity, but crimes against the Asian population have skyrocketed since COVID-19. Asian business owners are now being targeted for hate crimes and burglaries. Many believe that Asians avoid using banks, making their homes prime targets to rob. In this case, the perpetrators may have targeted the area hoping to find an Asian with a wad of cash on them. Nonetheless, the beating itself was vicious, and the 61-year-old man was found unconscious in the street.

Police believe that there are four suspects involved in the carjacking, but thus far, only one of them has been apprehended. The suspect is currently being charged with attempted murder and aggravated vehicular hijacking. Another juvenile has been arrested in connection with possessing the victim’s stolen vehicle, but it is not believed that he was involved in the carjacking attempt. It is unclear if he will be charged with a crime.

The carjacking

September 9, 2022

Going After the Gangs

by Law Offices of David L. Freidberg, P.C.

In September of last year, Chicago police announced they were “going after the gangs” in an apparent bid to reduce crime. However, it is now a year later and the number of shootings and gang-related violence has yet to dwindle. Police Superintendent David Brown said that he wanted it well known, the Chicago police will be going after the gangs. He also mentioned that they would be doing it Constitutionally and without violating anyone’s rights.

Gang violence remains a major problem in Chicago and across the U.S. with gangs handling drug and weapons trafficking and becoming involved in an increasing number of identity thefts. Police struggle to keep up with the problem largely because they have lost control of the territories they patrol. This is not a new phenomenon. The birth of gangs in the U.S. relates to under-policing in certain districts. Instead of paying police for protection out of your tax dollars, you pay gangs for protection. The gangs identify and eliminate potential threats to the community. However, remaining solvent over the years has proven troublesome and the public does not trust the police enough to protect them if they provide information. In terms of hearts and minds, police have lost that battle largely due to abuses committed over the years by Chicago police officers who would have been happier operating out of gangs than within law enforcement. The following are some of the structural problems that allow gangs to thrive in cities.

Hearts and Minds

September 7, 2022

Chicago Contributes 14% of the Nation’s Shootings Over Labor Day

by Law Offices of David L. Freidberg, P.C.

With problems concerning “progressive prosecutors” now a major wedge issue in the political arena, you should expect to hear about the weekly number of shootings and murders in Chicago regularly. Are we really that bad, though? What about NYC and Los Angeles? How many people got killed there over the weekend?

Before we answer that question, it is important to understand that Chicago has its own unique problems and these comparisons are never as useful as they seem. However, it appears that Chicago will win the Labor Day contest as to which city contributed the most casualties to the weekend. In most cases, these attacks will be targeted and gang-related. In some cases, stray bullets will hit unintended targets. In other cases, disputes erupt in public that are solved with bullets.

How are Other Cities Doing With Gun Violence?