Mount Prospect Criminal Defense
Villadonga & Villadonga Attorneys at Law is located in Mount Prospect, Illinois, and has a strong, proven history of successfully representing criminal defense clients in the entire Chicagoland region. Whether you have already been charged with a crime, traffic violation or are under state investigation, our attorneys will fight for your rights and freedom. Our Mount Prospect criminal defense attorneys – Edward A. Villadonga and Alexandra A. Villadonga – are a father and daughter legal duo who provide high-quality and compassionate legal defense in many practice areas, including:
Assault & Battery
Illinois law states that an assault has occurred when your behaviors or actions lead someone to think they are in danger of physical harm. Remember that the law does not require physical contact for someone to believe they are at risk of battery. Battery can occur simply by poking someone with your finger or pushing them.
Assault and battery is considered a misdemeanor, and you may be convicted of a Class C misdemeanor and receive up to 30 days behind bars and a $1,500 fine. Restitution and community service also may be additional punishments. This is a more serious Class A misdemeanor if convicted of simple battery. You may get up to one year in prison and a maximum fine of $2,500. Two years of probation and restitution may also be ordered.
Under Illinois law, disorderly conduct is defined as someone acting consciously to disturb or alarm someone unreasonably. Depending on the case, you may be charged with either a misdemeanor or felony.
Someone can be charged with disorderly conduct for being drunk in public, calling 911 for something that did not happen, or even having a loud argument in public. Other examples are pulling a fire alarm for no reason or urinating in a public area. Further, a more common disorderly conduct charge today is making a gun or bomb threat against a school, which is treated harshly in the Illinois prosecutor’s office.
Domestic battery resembles conventional battery, but the former injures a family or household member. You cannot qualify for supervision if you are convicted of domestic battery. Supervision allows you to not be convicted, so it does not show on a background check.
Also, if you receive a second domestic battery conviction, it is treated as a Class 4 felony, which results in at least a year in prison and a maximum fine of $25,000. Domestic battery also has a mandatory minimum sentence, so you cannot have the record expunged in most cases.
Illinois has many gun crime laws, and the state enforces them strictly. One of the most common is people not having a FOID card to own a firearm legally. Many do not realize this document is required even to have a gun in their home in Illinois legally.
Also, many do not know they may be charged with unlawful use of a weapon (UUW) for simply illegally having a firearm; it is unnecessary to fire it. This crime could be charged as a misdemeanor, but it may be a severe Class X felony in aggravating circumstances.
For instance, if you carry a gun onto government property, you could be charged with a UUW felony. But there are certain exceptions to UUW charges. For example, you cannot be charged with a gun crime if the gun was not assembled. Nor can you be charged if you had the gun unloaded in a case in your car’s trunk.
Drug possession, other than cannabis after recent law changes, is typically a felony charge in Mount Prospect and in Illinois. The penalties for possessing illegal drugs depend on the drug weight and can be enhanced if you have them near a school, with firearms, or if you are a repeat drug offender.
However, some first-time drug possession offenders may be able to receive probation and possibly expungement after 60 months. However, marijuana possession for under 30 grams is legal for recreational use in designated areas. You can still be charged with drug possession if you use marijuana around minors or in public places.
Driving On A Suspended License
Many people in Illinois drive on a suspended license because they must drive to work and school. But if you are caught driving on a suspended license, it is a severe offense – you can be convicted of a Class A misdemeanor for the first offense. You also must go to jail for 10 days minimum or do 30 days of community service and pay a fine of up to $2,500. If you get a second offense, it will likely be charged as a Class 4 felony.
Driving Under The Influence (DUI)
It is illegal to drive in Illinois when your blood alcohol content (BAC) is .08% or above. However, driving is also against the law when your driving ability is compromised by alcohol consumption, regardless of your BAC. If you are charged with DUI, you can receive jail time even on the first offense. You must get at least five days in jail for a second offense.
Also, having a DUI on your record will appear on background checks, so it is strongly recommended to contest the charge. If you are under 21 and get a DUI conviction, your license will be suspended for a year, as well. You also may have to go to alcohol rehabilitation and visit a morgue to observe deceased victims of drunk drivers.
Many minor traffic violations do not result in jail time, only fines. Some of these include most speeding charges, running a red light or stop sign, distracted driving, and failure to yield. However, you can have your license suspended if you get too many traffic infractions in a year, and fines can be steep. Our attorneys can fight traffic charges aggressively and may get the ticket dismissed.
Speak To Our Mount Prospect Criminal Defense Attorneys Now
Whatever Illinois crime you have been accused of, Villadonga & Villadonga will construct the best defense and safeguard your rights. Villadonga & Villadonga is a family law firm composed of a father and daughter attorney team, and they treat all clients with compassion. If you were charged with a crime or traffic violation in the Chicago area, you require qualified legal representation for an ideal outcome to your case. Contact our Mount Prospect criminal defense attorneys today for a case consultation at 847-298-5740.