Articles Posted in Aggravated Assault

jeremiah-higgins-792687-unsplash-copy-300x225A man who was shot during a fight on the red line has been charged with aggravated battery.

Chicago police said that while fighting, one man shot the other in the stomach. The victim, 38-year-old Roy Lee, was able to wrestle the gun away and beat the shooter with it. Both were taken to the hospital.

In a bizarre turn of events, Lee was charged with aggravated battery/use of a deadly weapon. The man who shot Lee had a license to carry a concealed firearm. At this point, it is unclear if the shooter will face charges, as well.

tertia-van-rensburg-37121-copy-300x224Assault and battery cases occur on a daily basis in Chicago. If you are ever charged in such a case, it is important for you to know what you face moving forward. For starters, you should never defend yourself in court when it comes to even minor or misdemeanor charges. There is no reason you should mess with your freedom or your rights. Let’ us take a look at assault and battery cases in today’s post so you know what to expect if you ever face these charges.

Definition of Assault

The most common definition of assault is when one person threatens to harm another or incites the fear of harm in another person. It could also include the intent to injure another person. For the most part, contact with the victim is not necessary for someone to be charged with assault. That is why you do not need battery to be present for assault be a charge, while on the other hand battery requires assault for both charges to be issued.

nicolas-barbier-garreau-256433-copy-300x240Aggravated battery of a police officer is a serious crime. Chicago judges and law enforcement are especially harsh on these cases. If you were recently charged with this crime, it is important to know your defense options. It is also crucial that you look at recent cases to understand how harsh the judge could be at your arraignment and potential trial.

Recent Cases

On July 4, 2018, Chicago police responded to a domestic dispute at a party. A woman told police that her boyfriend had physically assaulted her. She had left the event, but her child was still there. When the police attempted to arrest the boyfriend, he became violent and used the child as a shield against them. Two of the man’s relatives then assaulted the officers in an attempt to free him.

fabian-grohs-396734-copy-300x240Hate crimes are crimes committed against a person who is targeted for a specific reason. This can be due to race, gender, religion, sexual orientation, or other factors. If you have been arrested for this type of crime, it is essential that you understand what the prosecution has to prove for you to be found guilty.

You may also want to know what type of sentence you could be facing if found guilty. Remember, having an experienced criminal defense lawyer can help eliminate or reduce these sentences.

Hate Crimes and Assault

a-l-117960-copy-300x198Although crime has been on the decline in Chicago as of late, carjacking is still a common occurrence throughout the city. Due to the nature of a city/urban environment, many people live in close quarters who are using vehicles for their commute, leading to the prevalence of this particular crime. Car jacking crimes can take on many different forms. For example, carjacking is nearly always more of a serious offense than car theft due to the vehicle being taken by force or intimidation, or sometimes both. Certain actions leading up to the illegal obtainment of the vehicle may qualify as an aggravating factor to your offense.

Under Illinois law, an aggravated carjacking is sentenced as a class X felony, which is a mandatory six to 30 years in prison, while a plain carjacking offense is a class 1 with a four-to-15-year minimum sentence.

Armed and Dangerous

alex-holyoake-202959-copy-300x200A number of legal issues arise when an employee of a company commits assault on one of its customers. The lines of liability can be blurred, not least because the crime occurs on a business premises. Moreover, the employees are deemed to be working on behalf of their company during office hours. A distinction has to be made between the personal liability of the employee and the corporate liability of the employer. A good lawyer is the key to success in any case.

The first critical consideration is that the employee who has committed the assault is criminally liable for those ctions. When it comes to the civil cases, the employer may be asked to compensate the customer for any demonstrated injuries. Such was a case when a number of ex-bouncers admitted to assaulting customers in a club based within the Chelmsford area of Chicago.

Case Study of Employees Who Commit Assault During Business Hours

benjamin-voros-160962-300x200One of the current and most insidious forms of harassment is cyber bullying. It is now recognized as a serious crime in Chicago and prosecutors are highly motivated to go for those that continue doing it under the auspices of instrument number 720 Ill. Comp. Stat. § 5/12-7.5. The problem with such cases is the degree of difficulty in actually proving that everything happened as the victim described. Institutions such as schools have come up with bespoke policies that are designed to manage the risks. Some local ordinances demand such measures as a prerequisite to being licensed.

Some defense attorneys have expressed concern that the zeal to prosecute may lead to a violation of the defendant’s civil liberties. What was once accepted as normal conflict between and amongst teenagers is now a crime that can land someone in jail. Others point out that the resultant criminal record is an overly excessive punishment for the crime. On the other hand, it is noted that cyber bullying can lead to serious consequences for the victim including self-harm and even suicide on some occasions.

Key Ingredients of the Crime

Hilulaohaio-225x300Chicago has sought to deal with the increasing problem of hate crime using legislative means. The provisions of the Illinois Hate Crime Act (IHCA), 720 ILCS 5/12-7.1, are the leading authority on the management of the criminal process. The act creates an imperative on the state to prosecute but does not explicitly remove the opportunity for private civil cases to take place. Many victims take the opportunity to sue for damages, even when the aggressor is a public authority or their representatives. The range of options for the court includes actual damages, punitive damages, and additional costs, including attorney fees. At other times, the court may offer injunctive relief in order to stop the offending behavior from happening.

The criteria for what constitutes a hate crime can be fluid and those who offend have often used the ambiguity of definitions in order to attempt a get-out-clause for their behavior. Typically, they will claim that this is a case of freedom of speech, which is constitutionally guaranteed. For those who actually go on to commit acts of violence, the case is much simpler since the prosecutor can go for the assault line of questioning and later prove that hate-inspired motives were at play. A crime becomes a hate crime when it is motivated by perceived creed, race, color, gender, ancestry, religion, sexual orientation, disability, nationality and even membership of a particular group. Bigotry is at the heart of this crime and will be part of the Mens Rea during the prosecution.

The Importance of the Motivating Factors

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You have likely heard of the Sex Offender Registry, but have you ever heard of the Murderer and Violent Offender Against Youth Registry? Likely not, as this type of registry is not as widely publicized and only exists in Illinois and four other states – Oklahoma, Montana, Kansas, and Indiana. The Illinois State Police Murderer and Violent Offender Against Youth Registry is a list that provides the public with the names, addresses, and recent photos of certain convicts who live in the state. If you are facing a serious criminal charge or have already been convicted of a crime in Illinois be sure to consult with a local criminal defense attorney about the Murderer and Violent Offender Against Youth Registration Act in order to discuss the registry and determine if it has the potential to impact your life.

Who is Required to Register?

The Murderer and Violent Offender Against Youth Registration Act is contained in code section 730 ILCS 154/1 and details the parameters of the registry. Under the Act, any conviction or adjudication of any of the following statutes requires registration if the victim is less than 18 years old:

A substitute teacher with the Chicago Public Schools was recently arrested and charged with indecent solicitation of a child and intent to commit predatory aggravated sexual assault. The arrest was made after police and the school discovered suggestive texts allegedly sent from the defendant to the former student, a 14-year-old.

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Chicago Indecent Solicitation of a Child

Indecent solicitation of a child is committed when an individual age 17 or older knowingly solicits a child to engage in sexual penetration or sexual conduct, with the intent to commit the act, or knowingly discusses sexual conduct or penetration with the intent that the act be committed.

The police in this case have texts allegedly sent by the defendant to the victim requesting a date and asking her to have sex with him. Assuming that police statements regarding the nature of the texts is correct, a defense against this charge would require proving that either the defendant did not send the texts, or that he did not know he was sending them to a minor.

The news is full of stories about teens send elicit text messages to each other, often as a way to harass or bully other students and even adults. Teens also have a history of playing pranks on teachers or trying to get them in trouble for retaliation against a poor grade or some other perceived slight.

Children today grew up with technology and are avid users of all forms of social media, including texting. Thus many of them are adept at hacking into other’s phones, intercepting IP addresses, or even making it look like a text came from a person it did not.

In any case where technology, particularly computers or smartphones, played an essential part in the alleged crime, it is vital to have a forensic expert examine the phone that allegedly sent the texts, the phone that received the texts, and all data associated with the messages to determine if the messages were actually sent by the owner of the phone. This can be traced via IP addresses, date, time and location the messages were sent, even whether the phone was re-routed through a different address. Evidence obtained in a forensic search could show that the messages were sent at a time when the phone was not in the defendant’s possession, from a location he never frequented, or from a different address altogether.

If it can be proven that the defendant did in fact send the texts, then it would be necessary to prove that he knew he was sending them to a minor. Presumably, since he had taught in the girl’s school, he was aware that she was underage. But it is possible that he believed he was sending them to a different person – perhaps he transposed a number, or the student shares a name with an adult in his phone contact list and he didn’t pay close enough attention to the recipient when he inputted the number (it is not uncommon for students and teachers to interact via social media or e-mail, so the idea of him having a student’s cell phone number is not that far off). The student may have mistakenly believed he was soliciting her, or may have realized his error but thought it was funny to play along. Regardless, if it cannot be proven that the defendant knew he was interacting with a minor, then he must be acquitted or the charges dropped.

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