Class 4 Felonies

Statistics show increase in felony charges across state of Illinois

May 29, 2011
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The Illinois Criminal Justice Information Authority has been tracking felony and misdemeanor filings in state courts throughout Illinois over the years, and their findings may surprise you. The findings come as no surprise, however, to attorneys and judges handling these caseloads. The studies prove that, on average, prosecutors are seeking stiffer penalties more than ever. […]

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New interview on eavesdropping law

May 6, 2011
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I was recently interviewed for a story by the Illinois Statehouse News. The reporter was doing a story about eavesdropping. Illinois law prohibits any person from recording a conversation with another without the other’s consent. See 720 ILCS 5/14-2. It is not a defense that the conversation occurred in a public place. The other person’s […]

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Newly proposed law in Illinois allows for medical marijuana

April 28, 2011
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Illinois lawmakers find themselves at the front of the legalization of marijuana movement this year because newly proposed legislation would allow use of medicinal marijuana. Currently, Illinois House of Representatives is considering a bill sponsored by Democrat Lou Lang from Skokie, HB 30. If passed, the new law would be called the Compassionate Use of […]

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Penalties for possession of drug paraphernalia under Illinois law

November 19, 2010
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Illinois law makes it a criminal offense to knowingly possess drug paraphernalia. The law does not distinguish between the type of drug the paraphernalia is used for. The penalties for possessing a pipe to smoke marijuana are the same as a needle to shoot heroin, even though heroin is regarded as a more dangerous drug. […]

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What is the legal definition of great bodily harm?

April 25, 2010
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If a person causes great bodily harm to another while committing a criminal offense, the charge is usually a felony. What is the definition of great bodily harm? The Illinois Criminal Code of 1961 does not specify which injuries constitute great bodily harm. The question is for the jury to decide. When defendants have been […]

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What are the penalties in Illinois for being charged with possession of cannabis with intent to deliver?

March 5, 2010
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The law that makes it a criminal offense in the state of Illinois to possess cannabis (e.g., marijuana) with intent to deliver is the Illinois Cannabis Control Act, found at 720 ILCS 550/1 et seq. Section 550/5 provides that it is illegal to manufacture, deliver, or possess with intent to deliver cannabis. To manufacture is […]

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What is the law in Illinois on possession of cannabis?

March 3, 2010
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Possession of cannabis, generally referred to a marijuana, is a criminal offense in Illinois. The criminal charge of possession of cannabis is set forth in 720 ILCS 550/1 et seq, the Illinois Cannabis Control Act. While other states have decriminalized cannabis, Illinois has not. To decriminalize possession of cannabis is to say that it is […]

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What is the definition of reckless driving in Illinois?

February 20, 2010
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The Illinois statute that defines reckless driving is 625 ILCS 5/11-503. It provides that reckless driving is driving any vehicle with a willful and wanton disregard for the safety of persons or property. Reckless driving is a Class A misdemeanor offense. The penalty can be up to one year in jail and a fine of […]

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What happens on a second offense of domestic battery in Illinois?

February 17, 2010
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Domestic battery enhanced is a Class 4 felony in Illinois. It is based on a prior domestic battery or violation of an order of protection.

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What happens if I have an MDDP and drive a vehicle without a BAIID?

February 7, 2010
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Driving a vehicle without a BAIID when you have an Illinois MDDP can subject you to a Class 4 felony charge.

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