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Recent Blog Posts
Can You go to Jail for an Illinois DUI Conviction?
The state of Illinois is strict when it comes to punishments for driving under the influence of drugs and/or alcohol. However, first-time convictions generally have penalties that help an offender not repeat the offense as opposed to sending them to prison.
First-time DUI convictions are considered Class A misdemeanors and come with revocation of the driver’s license for one year. Additionally, vehicle registration will be suspended for a set amount of time.
Blood alcohol concentration (BAC) also plays a role in DUI penalties; if a first-offender has a BAC of over .16, they will have to pay a fine of $500 and participate in 100 hours of community service.
When Does Jail Become a Punishment?
First-time offenders should only be punished with jail time if their DUI offense occurs while they are transporting another person under the age of 16 years old. This is assuming no other charges are issued during the crime.
How Is Breaking and Entering Punished in Illinois?
The state of Illinois classifies breaking and entering as a burglary charge regardless of if there were stolen items or not. It is a crime that needs only intent to commit another crime in order to be punishable as a felony.
Illinois law also charges breaking and entering crimes for more than just buildings or households. Burglary can be committed against trailers, aircraft, boats, cars, and public buildings (i.e. schools).
Understanding the Law
Burglary is charged against an offender when they knowingly - and without permission - enter a home, car, etc… of someone else with the intention of committing theft or another felony crime.
If the offender is found without having caused damage to the property and without taking any possessions, they will be charged with a Class 3 felony. Punishments for this crime include a fine of $25,000 and a jail sentence of no more than five years.
Understanding Illinois Kidnapping Violations
The state of Illinois has multiple laws that cover kidnapping and other similar crimes that relate to kidnapping. The general definition as written by Illinois law says that kidnapping is the act of taking, restraining, and hiding another person against their will.
This victim does not have to be a child, though punishments for abducting a child are more severe. It is also more common for the victim to not know their abductor, but crimes such as parental kidnapping do exist in Illinois.
Regardless of the relationship to the victim, abductors who are caught can face felony charges and be punished by means of jail time and monetary fines.
What Types of Kidnapping Does Illinois Punish?
The most common type of abduction is a random stranger encounter. This is when an alleged kidnapper singles out a random victim and then carries out the crime for whatever reason. Another common kidnapping happens within a broken household; a divorced person without custody of their child may attempt to kidnap the minor from the other parent to get revenge on their ex-partner.
Does Illinois Punish Joyriding the Same as Vehicular Theft?
Joyriding is one common reason people steal motor vehicles. However, unlike vehicular theft, joyriding is usually a temporary theft that ends in either the thief returning the vehicle to where they found it or they abandon it when they are finished with it.
Illinois defines joyriding as vehicular trespass as opposed to theft which is punishable as a misdemeanor offense. Vehicular theft, on the other hand, is a felony with penalties that increase in severity based on the value of the vehicle that was stolen.
Joyriding Versus Vehicular Theft
Illinois punishes joyriders less severely than car thieves because the vehicles are usually returned to where they were stolen from - this is why it is easy to apprehend those who joyride.
Those who joyride will face a Class A misdemeanor which can be punished as one year in prison and/or a fine of up to $2,500.
How to Avoid Illinois Penalties while Driving in Icy Conditions This Winter
Temperatures are dropping which means icy weather is coming soon to the state of Illinois. This means the roads will start to become slick and drivers should adjust their habits to stay safe while traveling. The most common reason accidents happen on the road during winter is speeding when people do not realize they are driving on ice. If a car is traveling at a fast rate of speed and suddenly must stop, it can start to slide, potentially putting others at risk.
Under Illinois law, aggravated speeding is a misdemeanor traffic offense that is punishable with fines, loss of driving privileges and jail time. However, if a driver causes an accident due to their lack of safety on the road, they could also face reckless driving charges, pay compensation to injured victims, or face charges of vehicular homicide if someone is killed.
What Is Aggravated Speeding?
Defending Against False Allegations of Illinois Retail Theft
It has been getting harder and harder for criminals to steal from retail shops due to the security measures being taken. However, people still attempt to steal and unfortunately, this makes stores extra cautious.
As a result, patrons who frequent a specific store may be falsely accused of retail theft if they have previous purchases with them when they enter the store. Without the proper authorities being involved, a falsely accused person could face possible felony charges.
What Are Illinois’ Penalties for Retail Theft?
The state of Illinois covers a wide range of criminal actions when it comes to retail theft. A person could face charges of retail theft not only for running from a store without buying items but also if they are caught:
- Switching labels on an item to make it seem cheaper in price
- Attempting to remove security devices from an item to not set off the alarm
Illinois Sexual Assault Felony Charges Lead to Sex Offender Registration
Sexual assault is a felony crime in Illinois and can be considered a crime of domestic violence if the abuser is related to their victim.
Illinois law defines sexual assault as one person commits an act of sexual penetration without the consent of the other person involved. Another type of sexual assault is called “statutory rape” in which a person over the age of 18 years old engages in a sexual act with a minor - under 18 years old. Even if the minor gives consent, they are not considered old enough to be able to give proper consent and the adult can be charged with sexual assault.
According to Illinois Law
Illinois legislation reports that most cases of sexual assault are not even reported, let alone convictions made. Approximately only one in five reported cases end in a conviction; the number is so low because of the impact in which sexual assault takes on the victim.
Illinois Law Against Speeding in Construction Zones
The road is dangerous enough on its own, but when driving through a construction zone, there are many other obstacles to be aware of. Therefore, instead of speeding up, drivers are expected to slow down and be extra alert in case of holes in the road, barricades, and workers doing their jobs.
Speeding within a construction zone is a traffic violation and can be considered reckless driving. This is because a driver who is traveling too fast through a work zone is putting themselves, other drivers, and construction workers at risk of injury or death.
Punishments can be as simple as a traffic ticket for speeding in a construction zone or as serious as facing felony reckless homicide penalties.
Rules of Construction Zones
The Illinois Department of Transportation reported that from 2010-14 there were 4,500 motor vehicle crashes within construction zones. Of that number, 1,100 people were injured and 27 were killed.
Punishments for Failure to Stop on Illinois Roadways
Over the years, drivers have become more and more aggressive on the road. A lot of drivers push the speed limits; in a hurry to get where they are going. Others have gotten into the habit of running red lights or not stopping at stop signs. In a recent study by AAA, 939 people were killed nationwide as a result of drivers failing to stop at intersections that require them to stop for other cars or pedestrians. Because of this statistic, drivers who fail to stop could potentially be charged with reckless driving or even reckless homicide in cases where a person was killed.
Why It Is Important to Obey Stop Signs/Lights
The amount of people who travel in cars has also increased year after year, making the roadways a busy place. It is important that everyone obey the rules of the road to avoid collisions that could potentially involve many cars.
How Does Illinois Punish Drug Trafficking Offenders?
Illinois still has a few months before marijuana is legal for more than just medical usage. There are still serious consequences for those who are caught possessing, selling, and/or trafficking marijuana or another illegal substance.
Illinois Controlled Substance Act
The act of trafficking drugs into the state of Illinois is covered under the Controlled Substance Act. Trafficking is defined as knowingly bringing an illegal substance into the state with the intent to deliver and/or sell the drugs to others.
Offenders of the Controlled Substance Act will face felony punishments that increase in severity based on the amount of drug in the offender’s possession.
Trafficking cannabis punishments include:
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