Chicago Criminal Lawyer Blog

June 25, 2024

Defending Against Battery of an Unborn Child Charges in Illinois

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

Facing charges for battery of an unborn child in Illinois is a daunting experience that requires a thorough understanding of the legal landscape. As an experienced criminal defense attorney, I have defended numerous clients against these serious accusations. This article aims to provide a detailed overview of battery of an unborn child under Illinois law, the potential penalties, the criminal case process, and the importance of having a robust defense strategy.

The Statute and Its Implications

Battery of an unborn child is defined under 720 ILCS 5/12-3.1. This statute makes it illegal to intentionally or knowingly, without legal justification, cause bodily harm to an unborn child by injuring the mother. The law is designed to protect both the pregnant woman and her unborn child from harm resulting from violent actions.

June 24, 2024

The Legal Implications of Racing on a Highway in Illinois

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

Racing on a highway is an offense that Illinois takes very seriously due to the significant risks it poses to public safety. As an experienced criminal defense attorney, I have handled numerous cases involving highway racing and understand the severe consequences that can arise from such charges. I will now provide a comprehensive overview of the legal implications of racing on a highway in Illinois, including the relevant statutes, penalties, and the critical importance of securing skilled legal representation.

The Legal Framework and Statutory Context

Illinois law explicitly prohibits racing on a highway under 625 ILCS 5/11-506. This statute defines street racing as driving any vehicle on a highway in a manner that involves a speed contest, acceleration contest, or other forms of competition. The law covers a wide range of activities, whether the race was planned or occurred spontaneously.

June 23, 2024

Consequences of Battery on a Law Enforcement Officer in Illinois

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

As a dedicated criminal defense attorney in Illinois, I have seen many individuals face charges of battery on a law enforcement officer. This serious offense carries significant penalties and long-term consequences. Understanding the relevant statutes, potential penalties, and the impact of a conviction is crucial for anyone accused of this crime. I will now provide comprehensive information on battery on a law enforcement officer in Illinois, highlighting the importance of a strong legal defense.

The Statute and Legal Framework

Battery on a law enforcement officer in Illinois is addressed under 720 ILCS 5/12-3.05(d)(4). This statute defines aggravated battery as knowingly causing bodily harm or making physical contact of an insulting or provoking nature with a law enforcement officer performing their official duties. The statute is designed to protect those who serve and enforce the law, recognizing the risks associated with their roles.

June 22, 2024

Navigating RICO Criminal Charges in Illinois

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

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law designed to combat organized crime. Facing RICO charges in Illinois can be a life-altering experience with severe legal and personal consequences. As a dedicated criminal defense attorney with decades of experience, I have seen how RICO charges can devastate lives. This article will explore RICO criminal charges, relevant statutes, potential penalties, and the importance of having robust legal defense.

Understanding the RICO Statute

The RICO Act, found under 18 U.S.C. §§ 1961-1968, was enacted to dismantle organized crime syndicates by targeting their leadership and financial structures. It allows for both criminal and civil penalties for acts performed as part of an ongoing criminal enterprise. Under RICO, individuals can be prosecuted for engaging in a pattern of racketeering activity connected to an enterprise.

June 21, 2024

Clearing Your Criminal Record: Expungements Under Illinois Law

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

In Illinois, the weight of a criminal record can be a heavy burden to bear. It can hinder your chances of securing employment, obtaining housing, and even pursuing higher education. However, Illinois law offers a remedy through the process of expungement, allowing individuals to clear their criminal records under certain conditions. This article delves into the nuances of expungements under Illinois Statutes Chapter 20, Executive Branch § 2630/5.2, explaining the legal framework, potential penalties, the consequences of having a criminal record, and addressing common questions about the expungement process.

The Legal Framework of Expungement in Illinois

Illinois Statutes Chapter 20, Executive Branch § 2630/5.2, provides the legal framework for expunging criminal records in the state. Expungement is a legal process that allows individuals to have their criminal records either destroyed or sealed from public view. This means that once an expungement is granted, the records will not appear in background checks conducted by employers, landlords, or other entities, providing individuals with a clean slate.

June 20, 2024

Defending Against Armed Habitual Criminal Charges in Illinois

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

As an experienced criminal defense attorney based in Chicago, I have seen the profound impact that an Armed Habitual Criminal charge under 720 ILCS 5/24-1.7(a) can have on individuals and their families. This charge is among the most severe under Illinois law, targeting those with multiple felony convictions found in possession of firearms. Understanding the legal landscape, potential penalties, and available defenses is critical for anyone facing such charges. We will now look at these aspects, aiming to equip you with the necessary knowledge to make informed decisions about your defense.

The Statute and Relevant Legal Provisions

The Illinois Armed Habitual Criminal statute, codified under 720 ILCS 5/24-1.7(a), seeks to prevent repeat offenders from possessing firearms. According to this statute, an individual commits the offense of Armed Habitual Criminal when they possess, carry, or use any firearm after having been convicted of two or more qualifying felonies. These felonies include violent crimes such as murder, robbery, burglary, and aggravated battery, as well as serious drug-related offenses under the Illinois Controlled Substances Act, Cannabis Control Act, and Methamphetamine Control and Community Protection Act.

June 19, 2024

Federal Aggravated Arson under 720 ILCS 5/20-1.1

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

As an experienced criminal defense attorney in Illinois, I have defended clients against a wide range of serious charges, including federal aggravated arson under 720 ILCS 5/20-1.1. Understanding the complexities of this statute, the penalties involved, and the broader consequences of a conviction is essential for anyone facing such charges. In this detailed article, I will provide insights into federal aggravated arson, the relevant statutes, the penalties, and the long-term effects of a conviction.

The Statute and Relevant Laws

Federal aggravated arson is a severe crime defined under 720 ILCS 5/20-1.1. According to this statute, a person commits aggravated arson when they knowingly damage, either partially or totally, any building or structure by fire or explosion and:

June 18, 2024

Defending Against Gang-Related Offenses under 720 ILCS 5/25-1 in Illinois

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

Gang-related offenses are among the most serious charges one can face in Illinois. Under 720 ILCS 5/25-1, the penalties for participating in gang activities can be severe, leading to long prison sentences and substantial fines. As an experienced criminal defense attorney in Chicago, I understand the complexities and nuances of defending against these charges. This article will explore the statute, the potential penalties, the long-term consequences of a conviction, and the importance of having a skilled attorney by your side.

The Statute and Relevant Laws

The statute governing gang-related offenses in Illinois is 720 ILCS 5/25-1. This law targets individuals who actively participate in or assist criminal street gangs in committing crimes. The statute is designed to address the activities of gangs, which are defined as any group of three or more persons engaged in a pattern of criminal activity. This pattern must include at least two offenses within a five-year period, committed on separate occasions or by two or more persons.

June 17, 2024

Federal Manslaughter Charges under 18 U.S.C. § 1112

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

As a seasoned criminal defense lawyer in Illinois, I understand the gravity and complexity of federal manslaughter charges. These charges, governed by 18 U.S.C. § 1112, involve serious legal implications and significant potential penalties. In this comprehensive article, I will provide an in-depth exploration of federal manslaughter charges, including relevant statutes, potential penalties, common defenses, and the critical importance of experienced legal representation. My aim is to offer a clear and thorough understanding for those facing these felony charges.

The Statute and Relevant Laws

Federal manslaughter charges are defined under 18 U.S.C. § 1112, which categorizes manslaughter into two distinct types: voluntary and involuntary. Understanding these distinctions is crucial for anyone facing such charges.

June 16, 2024

Federal Mail Fraud Defense Attorney in Illinois

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

Being charged with federal mail fraud is a serious and complex legal challenge. As a seasoned criminal defense attorney in Illinois, I understand the immense pressure and uncertainty that accompany these charges. Federal mail fraud, governed by 18 U.S.C. § 1341, encompasses a wide range of fraudulent activities and carries severe penalties. In this detailed guide, I will provide an in-depth look at federal mail fraud charges, including relevant statutes, potential penalties, common defenses, and the importance of having a skilled criminal defense attorney to guide you through this difficult time.

The Statute and Relevant Laws

Federal mail fraud is primarily prosecuted under 18 U.S.C. § 1341. This statute makes it illegal to use the United States Postal Service (USPS) or any private or commercial interstate carrier as part of a scheme to defraud or to obtain money or property through false or fraudulent pretenses, representations, or promises. The statute’s broad language allows federal prosecutors to target a wide array of fraudulent schemes that utilize the mail.