How Past DUI Convictions Can Impact Your Case

How Past DUI Convictions Can Impact Your Case

DUI offenses are serious charges that can attract hefty fines and, in a worst-case scenario, a prison sentence and a mark on your criminal record. That can make your life more difficult. 

If you have multiple DUI convictions, the penalties become more severe. If you’ve been convicted of a DUI in the past, you may need a lawyer’s help to get your charges reduced or dismissed. They have the tools you need to avoid harsher penalties caused by past convictions. 

What Do You Do If You’re Arrested for a DUI Offense?

The first thing that the police will do when they pull you over is to conduct a sobriety test. The police are only required to perform this test if they believe that you’re driving under the influence of alcohol or drugs. If you refuse to take this test, you may face penalties for failure to take the test. 

If you fail a field sobriety test, the police will take you to jail and book you, which means they’ll put your information and information about your arrest into their system. From there, you’ll be given a court date, where you’ll need to defend your case to avoid the penalties. 

Before we come to your rescue, do not give the police any information or try to explain your innocence. You have a right not to incriminate yourself until we come to defend you. We will advise you on which question to answer and whether the investigator is abusing his powers when we are present.

Key Penalties Associated With a Second DUI Charge

But what if this isn’t your first DUI? For repeat offenses, the penalties you may face can become more severe if you don’t avoid a conviction. Your future may be negatively impacted, leading to penalties to your license, your criminal record, and your financial health. 

Concerned about the penalties you may face? Here are a few key penalties those with multiple DUI convictions may need to worry about. 

Criminal Penalties

If you are convicted of a DUI offense, you may face jail time of up to one year and can be fined up to $2,500. But what if this isn’t your first DUI conviction

A second DUI offense can be a Class A misdemeanor if there are no aggravating factors that make the charges more severe. But you may face harsher penalties, including longer minimum jail sentences. 

A third and fourth DUI offense is classified as a Class 2 felony, which means you may face years in prison. Your fines may also be higher, leaving you in financial trouble for years. 

Driver’s License Penalties 

If you’ve been convicted of a DUI, you may have your license suspended for some time before you’re allowed to drive again. But future convictions can lead to harsh penalties. 

For example, if this isn’t your first DUI, you may be facing revocation of your license for a minimum of five years. It can be expensive to reinstate your license. Worse, more DUIs may lead to having your license revoked for life. 

Get In Touch With a Chicago DUI Attorney

If you have multiple DUI convictions on your criminal record, you need to know what happens if you don’t fight back. Luckily, you don’t have to face the courtroom alone—the team at Chicago Trusted Attorneys® is here to help. 

Talk to your lawyer about your past DUI convictions and what you can do to protect your future. Reach out to us by calling 312-519-3171. You can also get in touch through the online contact form below.

Most Common Illinois Gun Law Violations

Common Gun Law Violations

Illinois is known for having one of the strictest gun-control laws in the country. If you are arrested with the problem of possession of an illegal firearm, you will be charged with a Class A misdemeanor. If you are convicted, you will be incarcerated for 12 months and pay a fine of up to $2,500.

If you are convicted of illegally possessing a handgun, you can spend up to three years in prison and a fine of more than $25,000. If you are arrested for violating an Illinois gun law, give a criminal defense lawyer a call, and we will ensure the best possible outcome for your case.

So which are some of the most common gun law violations in Illinois?

Common Illinois Gun Law Violations to Be Aware Of

Unlawful Weapon Use

The penalties for unlawful use of a weapon can be found in the Illinois statute 720 5/24-1. According to the law, unlawful use of a weapon can range from selling, manufacturing, or carrying dangerous weapons such as tasers and blades. Other instances of unlawful use of a weapon are:

  • Possession of a tear gas launcher
  • The manufacture of explosive devices
  • Manufacture of explosive bullets
  • Carrying a firearm contrary to the firearm concealed carry act

Though the above offenses are categorized as class A misdemeanor charges, they can be elevated into Class 4 felony charges. Circumstances that may warrant a class 4 felony are; carrying a deadly weapon to a paid public event or wearing a hood while carrying a firearm.

Aggravated Discharge

This charge is for people who discharge their firearms to jeopardize the safety of other people if you fire the weapon in the direction of a group of people, a building, or an occupied vehicle.

Aggravated weapon discharge is a serious offense that attracts a prison sentence of around 15 years. At the same time, you can also be slapped with a fine of $25,000.

Unlawful Weapon Possession

This gun charge is due to failing to have a firearm owner’s identification card. This card enables you to carry a concealed gun legally. You can also be charged with unlawful weapon possession if:

  • You have a concealed gun but are 18 years and below
  • You had been convicted of a misdemeanor before, and you are 21 years and below
  • You carry a firearm, yet you had been a patient in a mental institution within the last 5 years

Get In Touch With a Qualified Gun Possession Lawyer

Another common Illinois gun charge that we deal with, is reckless discharge of a weapon. This charge is brought about when an individual recklessly discharges his weapon without caring about the safety of others. This charge might attract several criminal charges, resulting in heavy fines and many years in prison.

If you are facing a gun-related charge, do not hesitate to seek the services of our experienced legal team at Chicago Trusted Attorneys. Dial 312-519-3171, and we will ensure the best possible outcome for your gun charge is achieved.

Factors That Can Affect a Felony Gun Charge Sentence

Factors That Can Affect a Felony Gun Charge Sentence

Though the Second Amendment gives you the right to carry a gun, it does come with some limitations. For example, if you have committed a felony, the court might decide to bar you from using, transporting, or distributing firearms.

A felony gun charge is a serious charge that can attract a penalty of 2-30+ years in jail if convicted. If you have a felony gun charge, give a Chicago criminal defense attorney a call immediately. First, we will try to get a favorable bail term to defend you while out of jail.

Consequences of Weapon Possession

The average sentence for unlawful possession is between 2-10 years in prison, assuming you are charged with a Class 3 felony. If you are a repeat offender, your sentence might be increased by 3-14 years because it could be classified as a class 2 felony.

Other scenarios that might attract a class 2 felony charge are:

  • Use of deadly force
  • Aggravated  battery
  • Sexual assault
  • Stalking

Types of Federal Gun Charges

There are several gun charges that you can face. The first is Felon in Possession which has a ten-year sentence. Illegal weapons to avoid include machine guns, Bombs, and switchblades.

Another gang-related felony is firearms trafficking. Firearm trafficking is a federal offense that attracts heavy penalties. You can also be charged for a violent crime if the police find a weapon at the crime scene.

Lastly, you can also be charged for fraud if you forged documents to obtain the gun. This crime will fall under federal fraud charges.

Factors Affecting a Gun Charge Sentence

Several factors will determine the severity of your gun-related case. These factors can either be used in your favor or disadvantage. These are:

Injury of the Victim

If you are charged with a violent crime,  the court will consider the victim’s injuries to make a ruling. For example, if the injuries are considered severe, the court will automatically give you a harsh sentence.

Nature of the Accused

The judge will consider whether or not you are a first-time offender. If you are a first-time offender, the judge will evaluate the circumstances under which you committed the crime and then come up with a reasonable sentence.

If you are not a first-time offender, the judge might give you a harsher penalty when compared to a first-time offender.

Your Attitude

If it was a violent crime that resulted in the loss of limbs, for example, the judge will consider whether or not you feel remorseful for your actions. If you can convince the judge that you are repentant, you can get a less severe sentence.

Multiple Crimes

Another factor that can affect your gun case is whether or not you have committed other crimes. For example, if you have committed violent robbery and used a deadly weapon, you will most likely get a severe sentence.

Get in Touch with an Experienced Gun Charge Attorney

The Chicago Trusted Attorneys® office was created to defend your rights and ensure you get the best possible outcome for your case. If you are facing a gun-related felony charge, do not hesitate to give us a call on 312-519-3171 or send us a message through the submission box on the website.

What Is Considered Assault?

What Is Considered Assault

The meaning of assault varies by state law but is generally known as knowingly making another person feel they are in immediate danger through one’s actions or words. That means you have been threatened through words or action even if no physical damage is done.

If you or your loved ones have been victims of assault, you must feel quite offended. No one has the right to attack you like that, and to seek justice, our firm is right there to guide you through the process and help fight for you.

Court Process for Assault Cases

This is how most assault cases go:

  • It must be proved that the defendant wanted to create a mind of fear in the victim.
  • Next, the prosecutor must prove that the victim believed that they would be harmed or offended by the defendant’s actions. In other words, the victim must be able to prove that they were aware of the defendant’s potential to harm or offend them.
  • The victim’s belief of impending injury must be both understandable and one that feels as if there will be physical danger immediately. The belief should not be based on a future act and it must be more than a verbal threat. However, there are some exceptions.
  • The defendant must exhibit a present intention to harm or offend the victim through a physical act.

Sometimes, it can be difficult to prove whether the defendant is guilty or not. The intent is one of the elements that juries and judges spend a lot of time deliberating on. So it is best to have some sort of evidence to prove the intent of the defendant.

Common Types of Assault Charges

A few examples of assault include spitting on the victim, pretending to kick, punch or hit the victim or brandishing a deadly or non-deadly weapon in a manner that makes the victim feel as if they will be hit with the weapon, and pointing a gun at the victim. In the case of pointing a gun, it does not matter whether it was loaded or not, either way, it would be considered assault.

Sometimes assault is also charged with battery. In such a physically violent case, the act which results in the victim apprehending imminent physical harm is known as assault while the act of harming the victim itself is known as battery.

Another type of assault is known as aggravated assault. In aggravated assault, the defendant has injured the victim more severely or has even endangered the victim’s life. Hence the compensation or sentencing of aggravated assault is more severe as well.

Compensation for Assault

If you or your loved one is a victim of assault, then you are eligible for compensation for the assault. You can claim compensation for assault for up to two years after the assault. Each state has a few requirements for compensation but some general rules are the same.

  • Reporting the crime to the law enforcement or specific authorities
  • Cooperating with the law enforcement or specific authorities
  • Submitting a timely request
  • Victim compensation

Call an Assault Lawyer for Your Case

The best course of action in the incident of an assault case is to hire an assault case attorney. You can find several such attorneys who have your best interests in mind at Chicago Trusted Attorneys®. Call us at 312-519-3171 to find the right assault lawyer for you.

Misdemeanor vs. Felony: What’s the Difference?

Misdemeanor vs. Felony: What's the Difference?

In the United States, criminal offenses are usually classified as either misdemeanors or felonies. Their main difference lies in the gravity of the imposable penalty, and whether a crime is a misdemeanor or a felony depends on factors like the imposable penalty, the place of incarceration, and in some cases, the number of times the offense was committed.

If you or someone you know is currently in a situation involving criminal charges, you might be wondering what the difference is between a misdemeanor or a felony and how a local criminal defense attorney can help.

What Is a Misdemeanor?

A misdemeanor is a type of offense punishable under criminal law. A misdemeanor is typically punishable by less than twelve months in jail, community service, probation, and fines.

In some states, offenses punishable by the same duration of imprisonment are classified as infractions instead of misdemeanors.

Illinois law defines a misdemeanor as one with a determinate sentence of less than one year.

What Is a Felony?

In the United States, a felony is the most serious category of crimes. While different states have different definitions of what constitutes a felony, federal law defines a felony as a crime, with a punishment of more than one year.

In some states, a felony is determined according to the length of the sentence, and in other states, it is determined by the place of incarceration. Other states define a felony by referring to both the length and the place of incarceration.

In Illinois, a felony refers to crimes punishable by no less than a year, up to a maximum of thirty years, depending on the classification of the felony. Illinois law has five classes of felonies in order of length of incarceration: Class 4, Class 3, Class 2, Class 1, and Class X.

The Importance of Having an Attorney

Whether you are facing a misdemeanor or a felony, it’s always important to have an experienced attorney by your side who can build a robust defense against any allegations.

At Chicago Trusted Attorneys™, we understand the gravity of criminal charges, no matter how the law classifies them. Protect your future when you speak with an attorney in your free case review by calling 312-519-3171 or fill out the contact form online.