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Archive for the ‘Class 4 felony’ tag

Illinois Drag Racing Laws and Consequences

February 9th, 2018 at 8:56 am

Class 4 felony, drag racing, Illinois license revocation, Illinois traffic offenses, street racingTV shows such as “Street Outlaws” make drag racing seem like fun and games. Two tricked-out cars go head to head in a race to see which one is faster. The drivers often bet money and whoever loses pays the winner.

Drag racers take their cars to the limit. They may travel at speeds exceeding 100 mph on city streets. Other drivers and pedestrians can end up seriously injured or even killed by the negligence of drag racers.

Not only is drag racing dangerous, it is also illegal. Drag racing is typically charged as a misdemeanor, but it can be a felony in some instances. 

Illinois Drag Racing Laws

Drag racing, also known as street racing, is considered illegal on all streets and highways in Illinois under Illinois law 625 ILCS 5/11-506. Drag racing is defined as the operation of at least two vehicles side by side traveling at high speeds that are trying to outdistance each other. It also involves one or more vehicles attempting to outdistance another, reach a destination before another, or prevent another vehicle from passing. Drag racing may also be referred to as a test of a driver’s stamina or physical endurance. The race may also occur over a common course.

Drag racing is considered a Class A misdemeanor, which is punishable by a $2,500 fine and up to one year in jail. It is also against the law to allow another person to use your vehicle for street racing. This is considered a Class B misdemeanor, which is punishable by a $1,500 fine and 180 days in jail.

There are situations in which drag racing can be a felony. Aggravated drag racing is defined as drag racing that causes a motor vehicle accident that leads to serious injury, disfigurement, or death. This is classified as a Class 4 felony, with punishment of 1-12 years in prison. A second offense of drag racing will also become a felony charge.

All drag racing convictions will also lead to license revocation or suspension for at least one year. To get your license reinstated, you will need to appear before a hearing office.

Contact Us Today for Professional Help

Drag racing may seem like an innocent act, especially late at night when the roads are deserted. However, drag racing can lead to crashes, serious injury, and even death. At the very least, you could face fines, jail time, and license loss.

If you are facing misdemeanor charges for drag racing or some other speeding offense, you could face jail time and fines. The Law Offices of Christopher M. Cosley can help reduce your charges. Skilled Rolling Meadows criminal defense attorney Christopher Cosley can help you avoid serious penalties.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-506

Drugged Driving in Illinois

February 5th, 2018 at 8:40 am

Class 4 felony, drugged driving, DUI charges, Rolling Meadows criminal defense attorney, drug convictionMuch focus is on drunk driving. Even though motorists know they should not drive after drinking, many do anyway. This often leads to serious accidents.

Now that recreational marijuana use is legal in many states—including Illinois—it is important for motorists to understand that drugged driving is against the law as well. If a person is pulled over for driving recklessly and is found to have drugs in his or her system, he or she could face DUI charges, regardless of whether or not he or she is at the legal limit.

However, measuring the amount of drugs in one’s blood is easier said than done. There is no 0.08 percent blood alcohol content (BAC) equivalent for marijuana and other drugs. Plus, unlike alcohol, drugs can stay in a person’s body for weeks after use.

Illinois does have laws in place regarding drugged driving. Therefore, if you do use marijuana—whether for recreational or medicinal purposes—and drive later, you could face DUI charges. 

What is Considered Drugged Driving?

Illinois law allows five nanograms of tetrahydrocannabinol (THC) per milliliter of blood or 10 nanograms or more per milliliter of urine or other bodily substance. However, it is also illegal for a person to drive in an unsafe manner and have even the smallest amount of drugs in his or her system. A police officer may perform a blood, breath or urine test, or require the driver to submit to field sobriety testing.

Drugged Driving Penalties

A first offense can result in a $2,500 fine, one year in prison and license suspension for one year. If a person is convicted of a second offense, the penalties increase. They include license suspension for five years, a $2,500 fine, one year of imprisonment, 30 days of community service and completion of a substance treatment program.

Once a person is convicted of three or more DUI charges, the charges become Class 4 felonies. A person will lose his or her driving privileges for six years and be subject to penalties such as drug treatment, a $10,000 fine, and three years in prison.

The penalties are enhanced when the driver is in a school zone or has a passenger under the age of 16 in the car at the time. Enhanced penalties also apply if the driver is under the influence of drugs and causes an accident that results in serious injury, disfigurement, disability, or death.

Contact Us Today for Help

It is illegal to drive while intoxicated, and that means being under the influence of not only alcohol, but drugs as well. Even marijuana use can impair one’s judgment and lead to accidents.

If you are facing DUI charges for having high levels of marijuana or other drugs in your system, you need legal help right away. The Law Offices of Christopher M. Cosley can defend your case. Passionate Rolling Meadows criminal defense attorney Christopher Cosley can work to reduce your penalties. Let us help you today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.2

Illinois’ Strict Revenge Porn Law

July 13th, 2015 at 3:35 pm

Illinois defense lawyer, Illinois criminal attorney,, Google made big news recently when it announced its decision to remove nude or sexually explicit images posted on the internet without consent from its search results. The practice of posting private sexual images without the consent of the person in the pictures is commonly referred to as “revenge porn.” This name comes from the practice of jilted lovers posting intimate pictures of an ex once a romantic relationship has ended. Historically there were few laws governing this practice. However, Illinois recently passed a strict criminal law that deals with this issue.

Illinois Passed a Strict Law against Revenge Porn

In December of last year, former Governor Quinn signed a strict anti-revenge porn law into effect before leaving office. This law goes so far as to make it a felony to post sexually explicit photos or videos of another person online without his or her consent. This new law just went into effect on June 1. The crime is a Class 4 felony, which can be punished by one to three years in prison and a fine of up to $25,000. Additionally, if a person who posts these images makes money off of them or receives any goods in exchange for posting them, the law requires that the money or goods be forfeited. The law does not just cover pornographic websites. It also prohibits the posting of these images without consent on other types of websites, including social media websites.

Many states still have no laws making revenge porn a crime. What makes Illinois somewhat unique is that not only does state law make this practice criminal, it actually makes it a felony. This means that people convicted under the law may face long-term consequences in addition to any imprisonment or fine. Convicted felons lose rights to gun ownership, for example. They can also lose the right to sit on a jury or vote in certain parts of the country. Sometimes felons are not eligible for government assistance, and a felony conviction can seriously impact a person’s ability to get and keep a job despite “ban the box” laws.

What about the First Amendment?

Some critics of this type of law argue that they violate our right to freedom of speech under the First Amendment. Obviously the Illinois law has not been litigated yet, being that it is brand new. However, laws in other states have been challenged by organizations like the ACLU on these very grounds. Only time will tell how First Amendment arguments play out regarding these laws and Illinois’ law specifically.

Call the Law Offices of Christopher M. Cosley

When you have been charged with a crime, you have many important decisions to make. The first decision you should make is to obtain the help of an experienced Rolling Meadows criminal defense attorney. Call the Law Offices of Christopher M. Cosley. We will fight for you. Call us today at (847)394-3200.

Possessing a Lost Credit Card and Other Credit Card Crimes

June 1st, 2015 at 1:22 pm

Illinois defense attorney, Illinois criminal lawyer, debit card fraudFinding a wallet or purse forces you to make some choices. Ideally you would seek out the owner or turn it in at a lost and found or police station. But sometimes the temptation is too great and people keep these items. This can result in criminal charges and, depending on what a person does with the credit cards in a wallet, can result in felony charges. Misuse of your own credit cards can also result in similar trouble.

 Possession of a Lost Credit or Debit Card

Under certain circumstances possession of a lost credit or debit card can actually be a crime. It is not a crime to find such a credit card and hold on to it while you try to get in touch with the owner. However, if you receive a credit card and you know it is lost  and you hold onto it in order to use it or sell it or give it to someone other than the legal cardholder, then you may be guilty of a crime. This crime is normally a Class 4 felony, but if in one transaction it is committed with three or more credit or debit cards, it is a Class 3 felony.

Sale of Credit or Debit Card

Any person other than the issuer of a credit or debit card who sells such a card is guilty of a crime. Sale of a credit or debit card is a Class 4 felony. It is also a Class 4 felony to purchase a credit or debit card from a person other than the issuer without the consent of the issuer. If a person makes a sale of or purchases three or more credit cards in a single transaction, the crime is bumped up to a Class 3 felony.

Use of a Credit or Debit Card as Security for a Debt

A person who uses a credit or debit card as security for a debt with the intent to defraud either the issuer of the card or a person providing an item or items of value, or any other person, is guilty of a crime. This crime is a Class 4 felony.

Use of a Credit or Debit Card with the Intent to Defraud

A cardholder who uses his or her credit or debit card (or lets someone else use it) with the intent of defrauding the issuer or a person providing items of value, or any other person, is guilty of a crime. This crime is normally a misdemeanor, but if the value of all of the items involved in a six-month period exceeds $150 then it can be a Class 4 felony.

Call the Law Offices of Christopher M. Cosley

If you are accused of committing a crime with someone else’s credit card, you will need help. You should seek out an experienced Rolling Meadows criminal defense attorney like Christopher Cosley. Call the Law Offices of Christopher M. Cosley today at (847)394-3200 and we can schedule a meeting.

Assault and Battery Law in Illinois

June 28th, 2014 at 6:49 am

battery, Assault & Battery, Chicago criminal defense attorney, Christopher M. Cosley, Cook County criminal defense lawyer, Rolling Meadows, The Law Offices of Christopher M. Cosley, Class C misdemeanor, assault crime, aggravated assault, Class 4 felony, aggravated batteryAssault and battery are two serious offenses that are treated as such in criminal courts in the state of Illinois. Those charged with such crimes are advised to immediately seek the help of an experienced criminal defense attorney to protect their rights. Below are some of the basics regarding relevant assault and battery laws in Illinois.

Assault

In the state of Illinois, an assault charge is usually graded as a Class C misdemeanor. The penalties associated with such an offense are a maximum of 30 days incarceration and up to $1,500 in fines. Typically, the facts that give rise to such a charge involve engaging in conduct or acting in a way that places another in fear of harm. It is important to note that the crime of assault does not necessarily involve physical contact with the victim; a verbal threat or threat of physical harm is enough to meet the law’s requirements.

Certain circumstances warrant a charge to be elevated to an aggravated assault. This usually happens when a deadly weapon is involved, the defendant is disguised when committing the crime, or the alleged victim is within a certain class of individuals, including but not limited to teachers, law enforcement officials, and firemen. Aggravated assaults are graded as Class A misdemeanors, which carry a maximum one-year jail sentence and a fine of up to $2,500. If the victim falls within the designated class of individuals, the crime becomes a Class 4 felony and carries a maximum three-year prison term and a maximum $25,000 fine.

Battery

Under Illinois law, it is considered battery if a person causes bodily harm to another or makes insulting or provoking contact with another. Pushing someone could be the basis for a battery charge. Because the crime invokes physical harm, it is generally treated more seriously than assault. Battery is graded as a Class A misdemeanor and can invoke a maximum jail term of one year or a fine of up to $2,500.

Aggravated battery is charged when the victim suffers significant bodily harm or permanent disability. The use of a firearm could also support a charge of aggravated battery. This crime is graded as a Class 3 felony and carries a maximum five-year prison term as well as fines that could reach up to $25,000.

Criminal Defense Attorney

Depending on the circumstances, assault or battery charges could have serious consequences for those accused of them. The attorneys at The Law Offices of Christopher M. Cosley have successfully defended a number of clients charged with assault and battery. Contact us today for a consultation in our Rolling Meadows office. We can listen to the facts of your specific case, advise you of your options, and protect your rights.

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