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Archive for the ‘Class 2 felony’ tag

Types of Burglary Charges in Illinois

June 8th, 2018 at 6:13 am

burglary charges, Class 2 felony, home invasion, residential burglary, Rolling Meadows criminal defense attorneysWhen someone thinks about burglary, he or she may think of a person breaking into a building, or home, to steal something valuable. While that is burglary, there are other instances in which a person can face burglary charges and not even realize it.

If you are facing charges for burglary in Illinois, it is imperative that you contact an attorney immediately. To be sure, a skilled lawyer can help protect your rights throughout each stage of the criminal process.

Types of Burglary in Illinois

The following includes various types of burglary charges in Illinois, all of which require the assistance of a skilled attorney.

Burglary

According to Illinois statute, burglary is committed when a person “knowingly enters or without authority remains within a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft.” Burglary is considered a Class 2 felony in Illinois and carries a potential sentence of three to seven years.

Residential Burglary

Residential burglary is considered more serious than the burglary of a building or other structure. A residential burglary is similar to the definition of burglary, but residential burglary is entering the dwelling of another with the intent to commit a felony. For a residential burglary conviction, it must be proven beyond a reasonable doubt that a person intended to commit a felony. This is a Class 1 felony.

Home Invasion

Home invasion is very similar to a residential burglary. However, it is made more serious and is considered a Class X felony. A home invasion occurs when an individual enters the home of another and knows that the residents of the home are present. Additionally, one of the following factors must be present:

  • The defendant possesses a weapon;
  • The defendant fires a gun;
  • The defendant threatens to fire a gun;
  • The defendant assaults a resident or threatens force; or
  • The defendant sexual assaults a resident, or commits some other form of abuse.

Criminal Trespass

Criminal trespass involves an individual entering the property of another without authority, but without the intention to commit a felony. Criminal trespass can either be a Class A misdemeanor or Class 4 felony. It is a felony when the residents of the property are present at the property; it is a misdemeanor when the residents are not present.

Possession of Burglary Tools

Even possessing burglary tools in Illinois is a crime; it is a Class 4 felony. However, a person must also have the intent to commit a felony with said tools. There are several items that could be considered burglary tools; however, common ones include lock picking kits, a crow bar, explosives, or even just a screwdriver. The intent to commit the felony determines the possession of burglary tools charge.

Contact Us Today for Help

With all the potential burglary charges possible in Illinois, you need an attorney who is well versed in all of the possibilities. Our passionate Rolling Meadows criminal defense attorney at The Law Offices of Christopher M. Cosley can assist you throughout each step of your case. Contact us today to set up a consultation to find out how we can help you.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-3

Strangling is Aggravated Domestic Battery in Illinois

April 24th, 2017 at 7:00 am

strangling-Rolling Meadows Domestic Violence Defense Lawyer Many people live in some sort of domestic relationship at home. You might live with a significant other or even with a family member. Of course, sometimes tensions can rise between people who live together or lived together in a domestic relationship, and things can get out of hand.

When one person physically hits or strikes the other, it can constitute domestic battery, which is a crime in Illinois. When actions escalate and the violence is extreme, or strangling is involved, the battery is considered aggravated domestic battery.

What is Domestic Battery in Illinois?

In Illinois, domestic battery is defined as when an individual causes bodily harm or makes physical contact of an insulting or provoking nature against a family member or household member without legal justification to do so. Physically hitting, biting, violently threatening, etc. are all acts of violence. When you commit these acts against a family member or a household member, you could face domestic battery criminal charges. A first time offense is a Class A misdemeanor, while a second or repeat offense (after a domestic violence conviction) can be a Class 4 felony.

There is a second tier for domestic battery, referred to as aggravated domestic battery, which covers physically harmful conduct that is committed against a family or household member that is more severe than simple domestic battery.

What is Aggravated Domestic Battery in Illinois?

When the physical violence committed against a family or household member is more serious, then you can be charged with aggravated domestic battery. Specifically, engaging in physical contact with a household or family member with full knowledge that your physical contact will cause great bodily harm, disfigurement, or permanent disability is aggravated domestic battery.

Similarly, strangling a household or family member also constitutes aggravated domestic battery. Strangling involves deliberately impeding the normal breathing of the victim and/or preventing circulation of blood to the brain of the victim by applying pressure to the neck or throat of the victim. It does not matter if the act of strangling was for just a second or for several seconds. Moreover, even just one instance of strangling can be enough to support a conviction. Aggravated domestic battery is a Class 2 felony.

Domestic battery allegations are fairly common in Illinois, and when someone is falsely accused of domestic battery it can be problematic for the individual who stands accused. An angry ex or your current significant other, roommate, or family member might lodge false or exaggerated allegations to the authorities that you engaged in domestic violence against them. It is unfair when these things happen and if you are charged with domestic battery in Illinois, you need to contact an experienced criminal defense lawyer immediately.

Get a Criminal Defense Lawyer on Your Side Now

Please contact a passionate Rolling Meadows domestic violence defense lawyer as soon as you can if you are facing domestic battery or aggravated domestic battery criminal charges. We can help craft a solid defense in your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

Woman Accused of Stealing from Residents in Her Care

October 23rd, 2012 at 10:06 pm

A former manager of an assisted living home for the developmentally disabled has been accused of stealing more than $9000 from four residents of the home by using their bank cards without their permission. Linda Cottrell, 37, was arraigned on charge of financial exploitation of a disabled person. Her bail was set at $50,000 by the court.

According to a report in the Daily Herald, prosecutors told that court that Cottrell had access to the safe where the residents’ bank cards were kept. The alleged thefts began occurring in December 2008 and continued up until December 2011. Cottrell is accused of making multiple unauthorized withdrawals, ranging in amounts between $110 up to $7,698, with a total amount of $8,848 taken.

Cottrell was charged when another employee of the home noticed a discrepancy in some of the accounts. A statement released by State Attorney Robert Berlin said his office would prosecute Cottrell to the “fullest extent of the law.”

“What Ms. Cottrell is accused of is very serious and will be prosecuted to the fullest extent of the law,” said Berlin. “People with disabilities rely on others for their day-to-day living and to steal from someone who has placed that amount of trust in you is just disgraceful.”

The charge of financial exploitation of a disabled person is a Class 2 felony, and if found guilty, Cottrell could face prison. If you are arrested and charged with a felony, you need an experienced Cook County felony defense attorney to represent you.

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