Chicago Criminal Lawyer Blog

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.

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: