The Chicago Criminal Law Blog - Find a Chicago Criminal Attorney

The Chicago Criminal Law Blog - Find a Chicago Criminal Attorney

Chicago is a town that is known for infusing and imbibing liquor as much as it's known for the Prohibition-era musical of the same name.

It's a city steeped in jazz and bathtub gin, and even Chicago resident Oprah Winfrey has gotten into infused liquors.

But before you quaff a jalapeno-infused tequila sunrise, consider these laws affecting liquor in the Windy City:

On any given day in Chicago, you can spot at least a dozen people staring at a smartphone in their hand, unaware that someone could simply snatch it away from them.

Even as early as 2011, Chicago law enforcement attributed the rise in thefts on buses and trains to a rise in smartphone thefts, reports the Chicago Tribune.

When your smartphone gets snatched, don't panic. There are several things you can do. For example:

Can Police Search Your Car During a Traffic Stop?

You may be wondering if police have the right to search your car during a routine traffic stop.

Generally, the answer is "yes." Officers may have the right to search your vehicle, under certain circumstances. Here's a look at three situations in which this search can be lawful:

Illinois Self-Defense Laws

Someone who is charged with assault, battery, or even killing someone in Illinois may have a viable defense of self-defense justifying his actions.

Generally, someone may be justified to use force against another person to the extent the force is believed to be reasonably necessary to defend himself from an imminent threat of harm.

The use of force typically requires the person claiming self-defense to prove the following elements:

3 Potential Defenses to an Assault Charge

If you are charged with assault in Illinois, you could face very serious consequences. For an aggravated assault charge, for example, you could face up to five years in prison.

However, it can be difficult for prosecutors to prove assault. Just because you are charged with the crime does not necessarily mean that you'll serve time behind bars.

Instead, with the help of a Chicago criminal defense attorney, you could be exonerated, depending on the circumstances. Here's a look at some common defenses to an assault charge:

What Is Assault in Illinois?

A person commits an assault in Illinois when he knowingly engages in conduct that places the victim in reasonable apprehension of battery. In other words, someone can be charged with assault if he threatens or takes some action to put another person in reasonable fear of being physically attacked.

This can include brandishing a weapon, making a fist as if to strike someone, or simply telling another that you're about to hit her.

Keep in mind that physical contact is not necessary for the crime. So you don't actually need to throw the punch or even touch the victim to be charged with assault.

What Is Involuntary Manslaughter in Illinois?

Involuntary manslaughter in Illinois is the least severe of the homicide charges in the state.

Unlike murder charges, involuntary manslaughter involves unintentional killings. So while a defendant usually has an intent to kill the victim in a first or second degree murder case, when it comes to involuntary manslaughter, the killing is usually an accident or the result of a reckless act.

For example, someone who fires off a gun to celebrate July Fourth may be charged with involuntary manslaughter if the shooting accidentally kills a neighbor.

What Is Second Degree Murder in Illinois?

Second degree murder in Illinois is similar to first degree murder except that there are certain mitigating circumstances which justify the lesser charge.

Generally, to prove second degree murder, the prosecutor has to prove the same elements as first degree murder. That the defendant killed an individual without lawful justification and intended to kill the victim or do great bodily harm. Or that the defendant killed an individual without lawful justification knowing that his acts create a strong probability of causing death or great bodily harm.

What Is First Degree Murder in Illinois?

Not all forms of homicide are the same. First degree murder is the most serious homicide charge in Illinois and carries a possible life sentence. Lesser forms of homicide in the state include second degree murder as well as manslaughter charges.

Because of the seriousness of first degree murder, prosecutors can only charge someone of the crime in limited circumstances.

Constitutional Amendments That Every Defendant Should Know

If you have been charged with a crime, there are several constitutional amendments you should be aware of.

Learning these amendments isn't for the purpose of making you smarter or to appear more worldly. Instead, your criminal defense lawyer can use them to defeat criminal charges and even help to exonerate you.

Here are some of the most important amendments for criminal defendants: