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Should I Go to Trial in My Criminal Case?

Posted on in Criminal Law

DuPage County Assault Defense LawyerOne of the critical decisions you will need to make in a criminal case is whether to take the case to trial or accept a plea deal. This can be a difficult decision to make, particularly if you are facing serious charges that could result in lengthy prison sentences and other significant penalties. To understand your options, consult a criminal defense lawyer and listen to their professional advice on how to proceed.

Considerations for Going to Trial

Here are some factors to consider when deciding whether to go to trial in a criminal case, including: 

  • Strength of the evidence – One of the most important factors to consider when deciding whether to go to trial is the strength of the evidence against you. If the evidence against you is strong and convincing, going to trial may not be in your best interest. However, if the evidence is weak or questionable, it may be worthwhile going to trial and having a jury decide whether you are guilty or innocent.

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b2ap3_thumbnail_shutterstock_1663139935-min.jpgIt is crucial to understand the differences between similar-sounding offenses regarding criminal charges. Such is the case with the crimes of assault and battery. In Illinois, assault and battery are two distinct crimes that are often confused due to their overlapping nature. However, the legal implications and consequences of these charges are quite different. Today, we will discuss the essential differences between assault and battery in Illinois. 

Remember that if you are ever charged with assault, battery, or both, you must retain legal counsel immediately. These kinds of offenses are aggressively prosecuted. Therefore, hiring an experienced criminal defense attorney is likely in your best interest.

Defining Assault  

To prove an assault charge, the prosecution must establish the following elements:

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How Long Can You Go to Jail for Drug Possession?

Posted on in Drug Crimes

Wheaton Criminal Defense LawyerWhen it comes to drug offenses, the criminal penalties an individual may face vary dramatically. Some alleged offenders never see the inside of a jail cell. Their charges are dropped, the case is dismissed, or they are sentenced to probation or community service instead of jail. Others face years or even decades in prison for possession of a controlled substance.

If you or someone you care about has been arrested for drug possession you may be searching the internet for answers about the possible penalties associated with drug possession in Illinois. You may also be trying to understand the best way to handle the situation. One of your first steps should be to contact a criminal defense lawyer experienced in drug possession defense. Your lawyer can provide specific advice about your case and the options available to you. This blog will provide an overview of the jail sentences typically imposed on individuals convicted of drug possession in Illinois.

Criminal Penalties for Possession of a Controlled Substance in 2023

The penalties and jail sentences for drug possession depend on the type of drug, the quantity of drugs, and the person’s criminal history. Controlled substances are classified into five different groups based on the substance’s potential for abuse and whether there is a medical use for the substance.

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What to Expect for a First-Time DUI

Posted on in DUI

DuPage County DUI defense lawyerA DUI refers to the formal charge brought against an individual for driving under the influence of alcohol or drugs. In the state of Illinois, a first-time DUI is considered a misdemeanor and can lead to many weighty consequences. Many people assume that a first-time DUI conviction will result in fairly lenient penalties. While it is true that the more DUIs you have, the harsher the consequences, the penalties for a first-time DUI are still quite serious.

Possible Repercussions for a First-Time DUI

Criminal penalties for a first-time DUI conviction can differ depending on the factors that revolve around your drunk driving case. With the help of a DUI criminal defense attorney, there is the possibility that they can get your charges reduced or even dismissed. However, that is never a guarantee.

Here are some possible consequences for first-time offenders: 

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Wheaton criminal defense lawyerIn Illinois, anything from shoving someone to a full-blown fight resulting in serious injuries may lead to criminal charges for battery. When an altercation between two or more people escalates, it can be difficult for police to know exactly what happened and who is to blame. Sometimes, a person is arrested even though they were only trying to defend themselves. If you or a loved one is facing criminal charges for a fight but were acting in self-defense, speak to an attorney right away.

What Counts as Self-Defense?

According to Illinois law, battery occurs when someone initiates physical contact of an offensive or provoking nature or causes bodily harm without justification. The key element of this description is "without justification." There are some situations in which physical contact or even force is necessary to protect a person from harm.

Self-defense is a valid legal defense to criminal charges of assault or battery if the defendant reasonably responded to an attack on their person. In order to prove self-defense, one must show that they had a reasonable belief that they were in imminent danger and had no other choice than to defend themselves. However, the response must be proportional to the threat and can only include deadly force if it is absolutely necessary.

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