Des Plaines Criminal Defense Attorneys

There are several ways that criminal charges and traffic offenses are categorized in Illinois, with many being felonies or misdemeanors. Minor traffic violations, such as most speeding infractions and failure to yield, generally do not result in criminal penalties. Criminal charges also can be identified by type, including crimes against a person or property. For example, a common crime against property is car theft, and assault or battery is a crime against a person.

Whether you have been charged with a serious crime or traffic offense, our Des Plaines criminal defense attorneys at Villadonga & Villadonga can help today. Our attorneys are a father-daughter team and will fight for your rights vigorously and with compassion for your situation.

Illinois Felonies And Misdemeanors

Illinois crimes are categorized as felonies or misdemeanors. Felonies are more severe crimes; punishments can be up to $25,000 in fines and years in prison. A person with a felony conviction also may be unable to vote, own firearms, and have difficulty maintaining employment. Illinois felonies are divided into the following categories:

• Class X felonies: Punishments range between six and 30 years in prison and include aggravated arson, armed robbery, aggravated battery with a firearm, and possession of a controlled substance with intent to deliver. You cannot receive probation for a Class X felony.
• Class 1 felonies: Punishments range between four and 15 years in prison and include aggravated robbery, second-degree murder, drug trafficking, and identity theft of between $10,000 and $100,000.
• Class 2 felonies: Punishments range between three and seven years in prison and include robbery, burglary, arson, and identity theft between $2,000 and $10,000.
• Class 3 felonies: Punishments range from two to five years in state prison, including involuntary manslaughter, aggravated battery, and identity theft of between $300 and $2,000.
• Class 4 felonies: The least severe, but they still can result in a year in jail. Class 4 felonies include sex abuse, identity theft for less than $300, drug possession, and obstruction of justice.

Illinois misdemeanor punishments are less severe, but you still can receive a year in jail and substantial fines. Misdemeanors are in classes A, B, and C, with Class A being the most severe. Misdemeanors in Illinois include:

• DUI
• Larceny or retail theft
• Assault
• Battery
• Drug possession

Other Illinois Crime Classifications

Illinois criminal violations can also be divided into: violent, property, and statutory crimes. Violent crimes involve use of force, and the penalties usually lead to time in state prison. Examples are:

• Murder
• Assault and battery
• Manslaughter
• Sex crimes

Property crimes involve taking someone’s property, including fraud, forgery, white-collar crime, theft, and larceny. These are also serious crimes that can lead to prison or jail time.

Last, statutory crimes refer to Illinois law or statute violations, including traffic and drug crimes. Most traffic crimes are less severe and involve breaking the law on the state’s highways and roads. Speeding and reckless driving are the most common statutory crimes.

Why Do You Need A Des Plaines Criminal Defense Attorney?

Whether you were arrested for DUI, drug possession, or traffic offense, the outcome of the case can dramatically affect your future. Even if you are charged with a ‘minor’ crime or misdemeanor, a conviction can lead to jail time, fines, probation, community service, and other long-term problems. Some of the collateral consequences of an Illinois criminal conviction are:

• Losing various immigration privileges
• Being excluded or deported from the country
• Being ineligible for some professional and occupational licenses, such as a CDL
• Being denied, suspended, or expelled from college
• Being denied rental housing by landlords
• Having difficulty finding or keeping a job; a criminal conviction will usually appear on an employment background check

DUI Offenses In Illinois

DUI is one of the most frequent criminal charges in Des Plaines, and our attorneys have a successful record defending clients in this situation. Driving under the influence of drugs and alcohol is taken seriously in this state, and a conviction can lead to jail time, fines, probation, driver’s license suspension, and addiction treatment at your expense. You also can lose professional licenses, such as a CDL, and you may have to place an ignition interlock device on your vehicle.

Whether facing a first-time or multiple DUI charge, Villadonga & Villadonga can help to defend against these charges and attempt to minimize the consequences to your life and career. Remember to retain an attorney immediately after a DUI arrest for the best chances of reducing adverse outcomes.

Illinois Criminal Defense FAQ

After being arrested in Des Plaines, you probably have questions. Below are the most common questions we receive about criminal defense:

What Should I Do When I Am Arrested in Des Plaines?

First, do not resist and be calm. Second, remember that you have the constitutional right to be silent and not answer questions, and this cannot be held against you. The goal of police questioning you during and after the arrest is to obtain additional information to convict you. You should ask to speak to your criminal defense attorney immediately and not answer questions without your attorney’s presence.

Is My Crime A Misdemeanor Or Felony?

Misdemeanors in Illinois have a maximum sentence of 364 days in jail, with no mandatory minimum sentence and fines of up to $2,500. Common misdemeanor offenses are theft, assault, battery, criminal trespass, marijuana possession above 30 grams, DUI, and driving with a suspended license.

Felonies in Illinois are crimes that lead to 365 days or more in jail. They include drug trafficking, white-collar crimes, reckless homicide, gun crimes, and assault with a deadly weapon. Speak to your attorney about how your crime is classified if you have questions.

Should I Just Use The Public Defender?

Depending on your financial circumstances, the judge can appoint the public defender to represent you in your case. You do not get a choice which public defender is assigned to you. A private criminal defense attorney has more time to study your case and fight the charges. They also usually have more resources to hire experts and investigators to advocate for your version of events.

Contact Our Des Plaines Criminal Defense Attorneys

If you were arrested for a crime in Des Plaines, there is no time to waste: You need to hire an attorney immediately to protect your rights. Villadonga & Villadonga represents people charged with crimes and traffic offenses in Des Plaines and the surrounding areas. Please contact our Des Plaines criminal defense attorneys today at 847-298-5740.