Chicago Criminal Lawyer Blog

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.

June 14, 2024

Federal Firearm Charges under 18 U.S.C. § 924(c)

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

Navigating the federal criminal justice system can be a daunting task, particularly when facing charges under 18 U.S.C. § 924(c). This statute imposes severe penalties for the use or possession of a firearm in connection with a crime of violence or drug trafficking crime. As a seasoned criminal defense attorney in Illinois, I have seen how these charges can drastically impact a person’s life. This article delves into the intricacies of 18 U.S.C. § 924(c), exploring the legal definitions, potential penalties, common defenses, and the importance of securing experienced legal representation.

Overview of 18 U.S.C. § 924(c) and Related Statutes

18 U.S.C. § 924(c) is a federal statute that targets the use or possession of firearms in conjunction with violent crimes or drug trafficking offenses. The statute mandates mandatory minimum sentences for those convicted, emphasizing the federal government’s commitment to deterring gun violence and drug-related crimes. Specifically, 18 U.S.C. § 924(c)(1)(A) states that any individual who uses or carries a firearm during and in relation to a crime of violence or drug trafficking crime, or who possesses a firearm in furtherance of such crimes, is subject to significant mandatory minimum prison terms.

June 13, 2024

Insights and Strategies to Defend Against Credit Card Fraud Charges in Illinois

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

Facing credit card fraud charges in Illinois under 720 ILCS 5/17-36 can be a stressful and life-changing event. The potential consequences are severe, ranging from substantial fines to lengthy prison sentences. As a seasoned criminal defense attorney based in Chicago, I have extensive experience in representing clients accused of credit card fraud. We will now provide an in-depth look at what constitutes credit card fraud under Illinois law, the potential penalties, effective defense strategies, and the importance of having a knowledgeable attorney on your side.

Understanding the Statute and Relevant Laws

Credit card fraud is covered under 720 ILCS 5/17-36, which defines the offense as using a credit or debit card without the cardholder’s consent or using a card obtained through fraudulent means to acquire goods, services, or money. This statute is comprehensive and includes various forms of fraudulent activities, such as:

June 12, 2024

Understanding Aggravated Identity Theft Under 720 ILCS 5/16-30(b)

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

As a criminal defense attorney in Chicago, I’ve seen the devastating impact that an aggravated identity theft charge can have on an individual’s life. These charges are not only severe but can also be complex to navigate. Understanding the intricacies of the statute under 720 ILCS 5/16-30(b) is crucial for anyone facing such allegations. This article aims to provide comprehensive information about what constitutes aggravated identity theft, the relevant statutes, potential penalties, common defenses, and the importance of having an experienced attorney by your side.

The Statute and Relevant Laws

Aggravated identity theft is outlined under 720 ILCS 5/16-30(b) in the Illinois Compiled Statutes. This law elevates the crime of identity theft to aggravated identity theft under certain conditions. Generally, identity theft involves using someone else’s personal information, such as social security numbers, bank account details, or credit card numbers, without their permission for fraudulent purposes. When specific aggravating factors are present, the charge becomes more serious, carrying heavier penalties.

June 11, 2024

Federal Extortion Charges Under the Hobbs Act (18 U.S.C. § 1951)

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

As a seasoned criminal defense lawyer based in Chicago, I recognize the immense pressure and complexities that come with facing federal extortion charges under the Hobbs Act, found in 18 U.S.C. § 1951. This federal law encompasses a wide array of criminal actions involving extortion, robbery, and interference with commerce through threats or violence. Being charged under the Hobbs Act can significantly impact one’s life, but gaining a thorough understanding of the statute, potential penalties, defenses, and the need for experienced legal counsel can help manage this challenging situation. This article will delve into the critical aspects of federal extortion charges under the Hobbs Act, relevant statutes, and the necessity of having competent legal representation.

Analyzing the Statute and Associated Laws

The Hobbs Act, named after Congressman Sam Hobbs and enacted in 1946, targets racketeering and public corruption, addressing robbery and extortion that disrupt interstate or foreign commerce. This statute’s broad application covers numerous activities that federal law deems criminal.

June 10, 2024

Federal Assault Charges Under 18 U.S.C. § 113

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

As a seasoned criminal defense attorney in Chicago, I understand that facing federal assault charges can be a life-altering experience. Federal assault charges are serious offenses that can result in severe penalties, including lengthy prison sentences and hefty fines. One of the primary statutes governing federal assault charges is 18 U.S.C. § 113, which outlines various forms of assault and their corresponding penalties. In this comprehensive article, I will provide detailed information on federal assault charges under 18 U.S.C. § 113, including the relevant statutes, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

18 U.S.C. § 113 is the federal statute that addresses assault within the special maritime and territorial jurisdiction of the United States. This statute covers a range of assault offenses, each with its own set of definitions and penalties. The statute is designed to protect individuals from various forms of physical harm and to ensure that those who commit assault are held accountable for their actions.

June 9, 2024

Federal Identity Theft Criminal Charges under 18 U.S.C. § 1028

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

Facing federal identity theft charges is a serious matter that can lead to significant legal consequences, including substantial prison time and heavy fines. As a seasoned criminal defense attorney in Chicago, I understand the complexity of these charges and the profound impact they can have on your life. Federal identity theft charges are primarily prosecuted under 18 U.S.C. § 1028, which encompasses a wide range of activities related to the unlawful use of identification documents and personal information. This article will provide a thorough overview of the statute, relevant laws, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

Federal identity theft is governed by 18 U.S.C. § 1028, which criminalizes a variety of activities involving fraudulent identification documents and personal information. The statute covers the production, transfer, possession, and use of identification documents and authentication features that are fraudulent or obtained through illicit means. Here is an in-depth look at some of the key provisions of 18 U.S.C. § 1028:

June 8, 2024

Defending Against Federal Manufacturing Controlled Substances Charges Under 21 U.S.C. § 841

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

When you find yourself facing federal charges for manufacturing controlled substances, the stakes couldn’t be higher. These felony penalties are severe, with the potential for lengthy prison sentences, significant fines, and the forfeiture of personal assets. Understanding the complexities of these charges is essential to mounting an effective defense. As an experienced criminal defense attorney in Chicago, I have the knowledge and expertise to guide you through this challenging process. This article provides an in-depth look at federal drug manufacturing charges under 21 U.S.C. § 841, including relevant statutes, potential penalties, common defenses, and the necessity of skilled legal representation.

The Statute and Relevant Laws

Federal drug manufacturing charges are prosecuted under 21 U.S.C. § 841. This statute makes it illegal to knowingly or intentionally manufacture, distribute, or dispense controlled substances. It also covers the possession of controlled substances with the intent to manufacture, distribute, or dispense them. The definition of “manufacture” is extensive, encompassing the production, preparation, propagation, compounding, or processing of a drug or substance, either directly or indirectly.

June 7, 2024

Federal Use of a Firearm in a Crime of Violence or Drug Trafficking Crime under 18 U.S.C. § 924(c)

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

As an experienced criminal defense attorney in Chicago, I understand the gravity of facing federal charges, especially those involving firearms. One of the most severe and complex charges under federal law is the use of a firearm in a crime of violence or drug trafficking crime, governed by 18 U.S.C. § 924(c). This statute imposes harsh penalties and can significantly increase the severity of the underlying offense. In this article, I will provide a detailed overview of the statute, relevant laws, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

18 U.S.C. § 924(c) is a federal statute that specifically addresses the use of firearms in connection with crimes of violence or drug trafficking offenses. The statute mandates severe penalties for individuals who use, carry, or possess a firearm during and in relation to any crime of violence or drug trafficking crime. The law is designed to deter the use of firearms in these serious offenses and to impose additional punishment on those who do.

June 6, 2024

Predatory Criminal Sexual Assault of a Child under 720 ILCS 5/11-1.40

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

Being charged with predatory criminal sexual assault of a child is an incredibly serious and life-altering event. Illinois law, specifically 720 ILCS 5/11-1.40, addresses instances of sexual penetration involving a child under 13 by someone aged 17 or older. These criminal charges are extremely severe, carrying both significant legal and social consequences. As an experienced criminal defense attorney in Chicago with extensive experience, I aim to provide a thorough understanding of this statute, the relevant legal framework, and the possible defense strategies.

Understanding the Statute and Relevant Laws

Under 720 ILCS 5/11-1.40, predatory criminal sexual assault of a child is defined as an act of sexual penetration by an individual 17 years or older with a child under 13. In Illinois, sexual penetration includes any contact, however slight, between the sex organ or anus of one person and an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body into the sex organ or anus of another person. This broad definition encompasses a wide range of sexual acts, making the statute stringent and far-reaching.