Chicago Criminal Lawyer Blog

June 10, 2024

Federal Assault Charges Under 18 U.S.C. § 113

by Law Offices of David L. Freidberg, P.C.

As a seasoned criminal defense attorney in Chicago, I understand that facing federal assault charges can be a life-altering experience. Federal assault charges are serious offenses that can result in severe penalties, including lengthy prison sentences and hefty fines. One of the primary statutes governing federal assault charges is 18 U.S.C. § 113, which outlines various forms of assault and their corresponding penalties. In this comprehensive article, I will provide detailed information on federal assault charges under 18 U.S.C. § 113, including the relevant statutes, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

18 U.S.C. § 113 is the federal statute that addresses assault within the special maritime and territorial jurisdiction of the United States. This statute covers a range of assault offenses, each with its own set of definitions and penalties. The statute is designed to protect individuals from various forms of physical harm and to ensure that those who commit assault are held accountable for their actions.

June 9, 2024

Federal Identity Theft Criminal Charges under 18 U.S.C. § 1028

by Law Offices of David L. Freidberg, P.C.

Facing federal identity theft charges is a serious matter that can lead to significant legal consequences, including substantial prison time and heavy fines. As a seasoned criminal defense attorney in Chicago, I understand the complexity of these charges and the profound impact they can have on your life. Federal identity theft charges are primarily prosecuted under 18 U.S.C. § 1028, which encompasses a wide range of activities related to the unlawful use of identification documents and personal information. This article will provide a thorough overview of the statute, relevant laws, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

Federal identity theft is governed by 18 U.S.C. § 1028, which criminalizes a variety of activities involving fraudulent identification documents and personal information. The statute covers the production, transfer, possession, and use of identification documents and authentication features that are fraudulent or obtained through illicit means. Here is an in-depth look at some of the key provisions of 18 U.S.C. § 1028:

June 8, 2024

Defending Against Federal Manufacturing Controlled Substances Charges Under 21 U.S.C. § 841

by Law Offices of David L. Freidberg, P.C.

When you find yourself facing federal charges for manufacturing controlled substances, the stakes couldn’t be higher. These felony penalties are severe, with the potential for lengthy prison sentences, significant fines, and the forfeiture of personal assets. Understanding the complexities of these charges is essential to mounting an effective defense. As an experienced criminal defense attorney in Chicago, I have the knowledge and expertise to guide you through this challenging process. This article provides an in-depth look at federal drug manufacturing charges under 21 U.S.C. § 841, including relevant statutes, potential penalties, common defenses, and the necessity of skilled legal representation.

The Statute and Relevant Laws

Federal drug manufacturing charges are prosecuted under 21 U.S.C. § 841. This statute makes it illegal to knowingly or intentionally manufacture, distribute, or dispense controlled substances. It also covers the possession of controlled substances with the intent to manufacture, distribute, or dispense them. The definition of “manufacture” is extensive, encompassing the production, preparation, propagation, compounding, or processing of a drug or substance, either directly or indirectly.

June 7, 2024

Federal Use of a Firearm in a Crime of Violence or Drug Trafficking Crime under 18 U.S.C. § 924(c)

by Law Offices of David L. Freidberg, P.C.

As an experienced criminal defense attorney in Chicago, I understand the gravity of facing federal charges, especially those involving firearms. One of the most severe and complex charges under federal law is the use of a firearm in a crime of violence or drug trafficking crime, governed by 18 U.S.C. § 924(c). This statute imposes harsh penalties and can significantly increase the severity of the underlying offense. In this article, I will provide a detailed overview of the statute, relevant laws, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

18 U.S.C. § 924(c) is a federal statute that specifically addresses the use of firearms in connection with crimes of violence or drug trafficking offenses. The statute mandates severe penalties for individuals who use, carry, or possess a firearm during and in relation to any crime of violence or drug trafficking crime. The law is designed to deter the use of firearms in these serious offenses and to impose additional punishment on those who do.

June 6, 2024

Predatory Criminal Sexual Assault of a Child under 720 ILCS 5/11-1.40

by Law Offices of David L. Freidberg, P.C.

Being charged with predatory criminal sexual assault of a child is an incredibly serious and life-altering event. Illinois law, specifically 720 ILCS 5/11-1.40, addresses instances of sexual penetration involving a child under 13 by someone aged 17 or older. These criminal charges are extremely severe, carrying both significant legal and social consequences. As an experienced criminal defense attorney in Chicago with extensive experience, I aim to provide a thorough understanding of this statute, the relevant legal framework, and the possible defense strategies.

Understanding the Statute and Relevant Laws

Under 720 ILCS 5/11-1.40, predatory criminal sexual assault of a child is defined as an act of sexual penetration by an individual 17 years or older with a child under 13. In Illinois, sexual penetration includes any contact, however slight, between the sex organ or anus of one person and an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body into the sex organ or anus of another person. This broad definition encompasses a wide range of sexual acts, making the statute stringent and far-reaching.

June 5, 2024

Enhanced Penalties for Illinois Commercial Drivers: Stricter BAC Limits and Penalties

by Law Offices of David L. Freidberg, P.C.

As a seasoned DUI defense attorney in Chicago, I understand the significant responsibilities that come with holding a commercial driver’s license (CDL). Commercial drivers operate large and potentially hazardous vehicles, which makes safety a paramount concern. Consequently, commercial drivers are subject to stricter blood alcohol concentration (BAC) limits and enhanced penalties compared to non-commercial drivers. These enhanced regulations are designed to ensure the highest level of safety on the roads, but they also mean that commercial drivers face more severe consequences for DUI offenses. In this article, I will discuss the relevant statutes, the stricter BAC limits, the potential penalties, and provide answers to frequently asked questions about DUI laws for commercial drivers.

Relevant Statutes and Stricter BAC Limits

In Illinois, the legal framework governing DUI offenses for commercial drivers is primarily found in the Illinois Vehicle Code (625 ILCS 5/). Specifically, 625 ILCS 5/6-515 outlines the prohibitions and penalties for commercial drivers who are found to be driving under the influence. Under this statute, a commercial driver is prohibited from operating a commercial motor vehicle with a BAC of 0.04% or higher. This is significantly lower than the 0.08% BAC limit for non-commercial drivers, reflecting the higher safety standards imposed on those who operate larger and more dangerous vehicles.

June 4, 2024

Aggravated DUI Criminal Charges in Illinois

by Law Offices of David L. Freidberg, P.C.

As an experienced criminal defense attorney in Chicago, I understand the profound impact that aggravated DUI charges can have on your life. DUI, or driving under the influence, is a serious offense in Illinois, but when certain aggravating factors are present, the charges and penalties become significantly more severe. Aggravated DUI charges carry harsher consequences, including longer jail sentences, higher fines, and more substantial long-term impacts on your personal and professional life. In this article, I will provide detailed information about aggravated DUI charges in Illinois, the relevant statutes, potential penalties, and common questions related to these charges.

Understanding the Statute and Relevant Laws

In Illinois, DUI offenses are primarily governed by 625 ILCS 5/11-501. This statute outlines the legal definition of driving under the influence and the penalties associated with DUI offenses. According to 625 ILCS 5/11-501, a person commits DUI when they drive or are in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination thereof, to a degree that renders them incapable of safely driving. A blood alcohol concentration (BAC) of 0.08% or higher also constitutes DUI.

June 3, 2024

Can You Get a DUI If You Weren’t Driving in Illinois?

by Law Offices of David L. Freidberg, P.C.

As an experienced criminal defense attorney in Illinois, I’ve encountered numerous situations where individuals were charged with driving under the influence (DUI) even though they weren’t actually driving. Illinois DUI laws are stringent and can sometimes be applied in circumstances that might surprise you. Understanding these laws and how they can impact you is crucial if you find yourself facing a DUI charge without having been behind the wheel. This comprehensive guide will explain the relevant statutes, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

Illinois law on DUI is primarily governed by 625 ILCS 5/11-501. This statute makes it illegal for anyone to operate or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination thereof. The term “actual physical control” is crucial here, as it extends the scope of DUI charges beyond just driving.

June 2, 2024

What Should I Do if I Am Arrested for a Probation Violation in Illinois?

by Law Offices of David L. Freidberg, P.C.

As an experienced criminal defense attorney in Chicago, I understand that being arrested for a probation violation can be a frightening and confusing experience. Probation is often seen as a second chance, a way to avoid jail time while still being held accountable for your actions. However, violating the terms of your probation can result in severe consequences, including the possibility of incarceration. In this comprehensive article, I will provide detailed information on what to do if you are arrested for a probation violation in Illinois. I will discuss the relevant statutes, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

In Illinois, probation violations are governed by several statutes within the Illinois Compiled Statutes (ILCS). Specifically, 730 ILCS 5/5-6-3 outlines the conditions of probation and the circumstances under which probation can be revoked. Probation is a court-ordered period of supervision over an offender, as an alternative to serving time in prison. It often comes with specific conditions that must be adhered to, such as regular meetings with a probation officer, participation in counseling or treatment programs, maintaining employment, and avoiding further legal trouble.

June 1, 2024

The Most Common Types of PPP Loan Fraud

by Law Offices of David L. Freidberg, P.C.

As a seasoned Chicago criminal defense attorney, I have witnessed the myriad ways in which financial misconduct can manifest, especially during times of economic upheaval. The Paycheck Protection Program (PPP), established to provide relief to businesses affected by the COVID-19 pandemic, unfortunately, has also become a fertile ground for fraud. Understanding the most common types of PPP loan fraud is crucial not only for those facing allegations but also for the broader community to comprehend the legal landscape surrounding these offenses.

Understanding the Statute and Relevant Laws

The Paycheck Protection Program was enacted under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into law on March 27, 2020. The program aimed to provide small businesses with funds to keep their workforce employed during the pandemic. Administered by the Small Business Administration (SBA), the PPP offered forgivable loans to businesses under specific conditions, primarily related to the maintenance of payroll.