What Counts as Violent Crime in Illinois?
If an alleged crime involved force, threat of force or conduct that created a substantial risk of physical harm to another person, it is likely a violent crime.
Examples of common types of violent crimes include:
- Murder (first and second degree)
- Assault / Battery
- Robbery
- Sexual Assault
- Home Invasion
- Kidnapping
- Weapons Offenses
- Gang Crimes
These cases are usually aggressively prosecuted and can involve harsher sentencing ranges and mandatory prison, in certain cases. If you are facing a violent crime charge in Illinois it is important that you quickly retain hard-hitting criminal defense services to ensure your rights and freedoms remain protected.
Don't face violent crime charges alone. You need a trusted Chicago violent crimes lawyer in your corner. To benefit from a defense team with more than 80 years of combined legal experience, call Combs Waterkotte now at (314) 900-HELP.
Chicago Murder Lawyers
In Illinois, murder charges are some of the most serious criminal offenses you can face.
These charges include:
- First-Degree Murder: This is when a killing is intentional or you know that your actions can cause death or you committed a forcible felony (violence against someone during the commission of a crime).
- Second-Degree Murder: This is when a killing occurs during a “heat of passion” or as a result of an unreasonable belief of self-defense.
If you are facing either of these charges you need to quickly retain legal defense to protect yourself. First-degree murder carries a minimum 20 year prison sentence in Illinois and a second-degree murder conviction can result in 4-20 years in prison.
Chicago Assault and Battery Lawyers
Assault, “intentionally placing another in reasonable fear of receiving imminent harmful contact”, and battery, “the actual physical contact that is harmful or insulting/provoking” are misdemeanor offenses.
Aggravated assault involves placing someone in reasonable fear of imminent bodily harm while using a deadly weapon, wearing a mask or hood or targeting a special victim class (the elderly, a teacher or first responder). It can be prosecuted as either a Class A misdemeanor or a Class 3 or 4 felony offense, depending on the circumstances surrounding your case.
Penalties for aggravated assault can include:
- 2-5+ years in prison
- $25,000 in fines
- Mandatory community service
Aggravated battery, is usually a Class 3 or Class 2 felony in Illinois and it is when you knowingly cause great bodily harm, permanent disfigurement or use a deadly weapon while committing battery. In some cases, aggravated battery can be elevated to a Class 1 felony, if serious bodily harm occurred, or a Class X felony if the crime resulted in permanent disability or disfigurement.
If convicted of an assault/ battery crime, you could be facing the following penalties:
- For a Class C Misdemeanor: 30 days in jail
- For a Class A Misdemeanor: Up to 364 days in jail
- For a Class 3 Felony: 2-5 years in prison and fines up to $25,000
- For a Class 2 Felony: 3-7 years, or up to 14 years in some cases, and fines up to $25,000
- For a Class 1 Felony: 4-15 years in prison and fines up to $25,000
- For a Class X Felony: 6-30 years, or 6-45+ years in prison, and fines up to $25,000
To build a strong defense, protect your rights and have the best chance at negotiating a resolution, don’t hesitate to contact our Chicago assault/battery lawyers at Combs Waterkotte for proven criminal defense services.
Chicago Robbery Lawyers
Robbery is the taking of property by force or threat and it ranges from a Class 2 felony offense to a Class X felony for armed robbery in Illinois. Robbery can also involve aggravating factors such as if the victim was elderly/disabled or if a weapon was used.
Depending on the details surrounding your case, you are likely looking at the following:
- For Robbery: A Class 2 felony offense, you are facing 3-7 years in prison and fines up to $25,000.
- For Robbery of a Senior/Disabled Person: A Class 1 felony offense, you are facing 4-15 years in prison.
- For Aggravated Robbery: A Class 1 felony, aggravated robbery involves implying you have a weapon or using drugs to subdue a victim. For this offense, you are facing 4-30 years in prison.
- For Carjacking: A Class 1 felony, carjacking can result in 4-15 years in prison or 15-30 years in prison if aggravated factors, such as weapons or injury, are involved.
- For Armed Robbery: A Class X felony, you are facing 6-30 years in prison, with an additional 15 years to life if a firearm was discharged or caused great bodily harm.
Robbery is a very serious violent crime in Illinois and following an arrest for robbery, you need to consult with a Chicago criminal defense lawyer to consider all of your legal options.
Chicago Sexual Assault Lawyers
In Chicago, sexual assault offenses are some of the most aggressively prosecuted violent crimes.
Sexual assault-related charges in Illinois include:
- Criminal Sexual Assault: This is sexual penetration without consent, including when a victim is unable to give their consent. This is generally charged as a Class X felony.
- Aggravated Criminal Sexual Assault: This involves aggravating factors such using a weapon, causing bodily harm or circumstances that endanger the victim’s life. These charges carry enhanced penalties beyond standard Class X felony sentencing.
- Criminal Sexual Abuse: This involves sexual conduct, rather than penetration, particularly involving minors or lack of consent. This can be charged as a misdemeanor or a felony, depending on the circumstances.
Chicago Home Invasion Lawyers
A Class X felony offense, home invasion involves unlawful entry into an occupied dwelling when someone is present, using force, the threat of force or causing injury.
If you are convicted of this offense, you are facing the following penalties:
- 6-30 years in prison
- Potentially 15-25 extra years for armed offenses
- Fines up to $100,000
Whereas home invasion requires the presence of people and the use or threat of force, residential burglary is a charge that focuses on theft alone. At Combs Waterkotte, we are experienced with obtaining charge dismissals and reductions on behalf of our clients. To ensure your rights remain protected, following a home invasion arrest, call our Chicago criminal defense lawyers today.
Chicago Kidnapping Lawyers
In Illinois, kidnapping is defined as “knowingly confining or moving a person against their will via force, threat or deception.” While simple kidnapping is a Class 2 felony offense, aggravated kidnapping is a Class X felony offense.
A charge can be upgraded to aggravated kidnapping if the following elements are present:
- The victim is under 13
- The kidnapping is for ransom/robbery
- The victim sustains great bodily harm
For an Illinois kidnapping offense, you are facing anywhere from 3-7 years in prison up to 6-30 years or life in prison. When you contact Combs Waterkotte, we will be able to advise you about your kidnapping charges, walk you through what you are up against and fight for the best outcome in your case, each step of the way.
Chicago Weapons Offenses Lawyers
Common weapons-related offenses in Chicago include:
- Aggravated Unlawful Use of a Weapon: This involves carrying a firearm without a Firearm Owner’s Identification (FOID) card or concealed carry license (CCL).
- Unlawful Use of a Weapon: This involves the possession of a firearm or ammunition by individuals with prior felony convictions.
- Armed Habitual Criminal: This involves possessing a firearm after multiple qualifying convictions.
- Reckless/Aggravated Discharge of a Firearm: This involves firing a weapon recklessly or at an occupied building/person.
If you are facing a weapons offense in Chicago, we encourage you to reach out to Combs Waterkotte so we can walk you through what charges you are facing and what defenses might apply to your case.
Chicago Gang Crimes Lawyers
Common gang crimes in Chicago can include drug distribution/trafficking, organized crime and gun violence.
Depending on the type of crime you are under investigation for, you could be facing the following penalties:
- A Class X felony charge
- A 7-30 year prison sentence
- Enhanced penalties if a death occurred
Because gang crimes involve aggressive interrogations, the potential for federal prosecutors to step in and opportunities for you to be unlawfully searched or your property seized, we encourage you to contact Combs Waterkotte today to start building your defense.
Penalties for Violent Crime Convictions in Chicago
Common penalties for Chicago violent crimes include:
- Class 1 to Class X felony convictions
- Probation to life in prison
- Substantial fines, fees and court costs
- Mandatory restitution
Additionally, Truth-in-Sentencing (TIS) laws require 85%-100% of time to be served, for some violent crimes. If you have a prior criminal record or if a firearm was used in the commission of a violent crime then you could face sentencing enhancements as well. To learn more about the penalties you may be facing, it is important to speak with our Chicago violent crimes lawyers and discuss the particulars surrounding your case.
Aggravating Factors That Increase Chicago Violent Crime Penalties
- Causing severe bodily harm
- Targeting victims over 60/disabled
- Having a position of authority
- Being motivated by race/color/creed/sexual orientation
- Using a firearm
- Committing crimes in places of worship/schools
- Having a prior criminal history
You are especially in need of prompt and proven criminal defense representation when these aggravating factors are present in your violent crimes case. In these instances, prosecutors often pursue harsher penalties, including sentencing enhancements and, in some cases, mandatory minimum prison terms. Obtaining our early criminal defense counsel is critical to protecting your rights and evaluating all of your available legal options.
What Prosecutors Have to Prove in a Chicago Violent Crimes Case
In order for you to be convicted of your Chicago violent crime, prosecutors will have to prove your guilt beyond a reasonable doubt.
Key elements that prosecutors frequently have to prove in a violent crimes case include:
- Guilty Mind: You acted with specific intent, knowledge or recklessness, such as intending to cause great bodily harm.
- Guilty Act: You physically committed the violent act, such as through using force or threatening force.
- Identity: You (the defendant) are the one who committed the crime in question.
- Cause: You directly caused harm or injury to the alleged victim.
To learn more about the prosecution’s burden of proof in your case, don’t hesitate to reach out to our legal team at Combs Waterkotte and schedule a confidential consultation.
Common Defenses to Violent Crimes in Chicago
- Self-Defense or Defense of Others: We may be able to argue that your use of force was necessary to protect yourself or someone else from imminent harm.
- Mistaken Identity/Alibi: We may be able to argue that you were not present at the scene of the crime or that you were misidentified.
- Police Misconduct: We may be able to argue that your Fourth Amendment rights were violated through an illegal search and seizure or interrogations conducted without proper Miranda warnings.
- Lack of Intent: We may be able to argue that your actions were accidental or that you lacked the specific intent required for your charges (such as for first-degree murder or aggravated battery).
- Witness Credibility Issues: We may be able to highlight bias, improper or ulterior motives in a victim’s accusations or inconsistencies in witness testimony.
The sooner you speak with one of our Chicago violent crimes lawyers at Combs Waterkotte, the sooner we can get to work building a tailored defense strategy for you.
What to Expect After a Chicago Violent Crimes Arrest
- Detention: After a violent crime arrest, you will be placed in police custody.
- Questioning: Law enforcement may attempt to question you and you should invoke your right to remain silent and your right to a lawyer.
- Initial Court Appearance/Bail Process: This is when you will be informed of your charges and a judge will decide if you remain in custody or are released.
- Pretrial Preparation: This is when we are actively shaping the defense and investigating the incident, reviewing the prosecution’s evidence and filing motions to suppress statements and evidence, when applicable.
- Negotiations / Trial: Before going to trial, we will discuss reducing charges or alternative resolutions with the prosecution. If negotiations are unable to resolve your case, it will move to trial. This process will involve presentation of evidence, cross-examination of witnesses, opening and closing arguments, jury deliberation and a verdict.
- Sentencing: This is a separate hearing where the judge will take into account the seriousness of your offense, any aggravating or mitigating factors, your criminal history and recommendations from both the prosecution and the defense.
- Appeal: You must file a Notice of Appeal within 30 days of sentencing. An appeal challenges legal errors such as improper evidence, judicial misconduct, errors of law or ineffective counsel.
