Palatine Criminal Defense Attorneys

Being charged with a crime in Illinois can be frightening, and you may not know what to do. For example, is the crime a felony or misdemeanor, and what are the potential punishments? Whether you have been charged with a traffic offense, misdemeanor, or felony, our Palatine criminal defense attorneys at Villadonga & Villadonga have the skill, record, and experience to help. Our attorneys are a father-daughter team and work as an effective team to protect your rights and obtain the best possible case outcome.

Felonies And Misdemeanors In Illinois

In Illinois, being charged with a misdemeanor is less severe than a felony. For the most part, misdemeanor crimes result in lower punishments; a misdemeanor may only be punished by up to a year in jail, while a felony can lead to a year or more behind bars. In addition, serving time for misdemeanors is usually in county jail, while you will probably go to state prison for a felony conviction.

These are the classifications of misdemeanors in Illinois. Each of them can lead to jail time and fines:

• Class A: Under a year in jail and a maximum of two years probation. The fine can be up to $2,500. Crimes include disobeying a domestic violence order, simple battery, shoplifting less than $500, and theft.
• Class B: A maximum of six months in jail, two years probation, and a maximum fine of $1,500. Crimes include marijuana possession between 10-29 grams and cyberbullying.
• Class C: Maximum of 30 days in jail and two years of probation. The fine can be up to $1,500. Crimes include illegally storing a gun, disorderly conduct, and assault.

Felonies are involved in more severe crimes. You can receive more than a year in prison and larger fines. If it is a violent felony, you may receive a longer term in state prison. Felonies in Illinois are grouped as follows:

• Class 4: Punishment is between one and three years in prison. Crimes are ID theft and selling $300 or less in stolen property.
• Class 3: Punishment is between two and five years in prison. Crimes include property theft between $500 and $10,000 and aggravated battery.
• Class 2: Punishment is between three to seven years in state prison. Crimes include aggravated domestic battery, robbery, and illegally purchasing a firearm.
• Class 1: Punishment is between four to 15 years in state prison. Crimes include criminal sexual assault and second-degree murder.
• Class X: Punishment is between six to 30 years in state prison. Crimes include home invasion, committing a felony with a gun, and firing a weapon while engaged in aggravated battery.

DUI Offenses In Illinois

Driving under the influence is one of the most common criminal charges in Palatine and around Chicago, and our attorneys will fight this charge aggressively for you. DUI is serious in Illinois; even a first offense can land you in jail. A first offense can result in at least a day or more in prison, and a second DUI usually leads to at least five days in jail. You also may receive probation, a possible driver’s license suspension, and drug or alcohol treatment at your expense. If you have a CDL or another professional license, you could lose it, as well.

Whether you face a first-time charge or have multiple DUI’s on your record, our Palatine criminal defense lawyers will fight these charges and offer the best defense to reduce the potential consequences. Therefore, it is vital to call one of our attorneys as soon as possible after a drunk driving arrest to avoid you saying or doing something that damages your case.

Illinois Criminal Defense FAQ

If you have been charged with a crime in Illinois, it is normal to have questions. Common questions we receive include:

Should I Talk To The Police If They Want A Statement?

No. If they want to interview you for a statement about an alleged crime, you should only speak to them with a lawyer present. You may get the impression at the police station that you must speak, but this is not true. If you are at the police station and they ask for a statement, politely say you want to call a criminal defense attorney. The police are not allowed to question you when you ask for an attorney. Remember, anything you say may be used against you, so it is best not to talk without a lawyer present.

What Is The Difference Between A Misdemeanor And A Felony?

The significant difference is the potential jail time and the fines. The maximum punishment for a misdemeanor is 364 days in jail and a $2,500 fine. However, you can receive steeper fines and longer prison sentences for felonies.

Do I Have To Take A Breathalyzer Test?

If you are pulled over for drunk driving, the officer will probably ask you to take a breathalyzer test and perform field sobriety tests. While you can refuse the test, your driver’s license will be automatically suspended for 12 months. If your license is suspended, an attorney can help you contest the administrative suspension while the case is pending. This is done by filing a Petition to Rescind the Statutory Summary Suspension.

Should I Fight A Traffic Ticket?

It is usually recommended to fight a traffic ticket, and hiring an attorney makes success more likely. However, the ticket could often be dismissed because of a lack of evidence or improper police procedure. Remember, if you get enough moving violations, your driver’s license can be suspended, and you will pay higher insurance premiums.

Should I Fight A Misdemeanor Charge?

Almost always. Many Illinois misdemeanors are serious charges. The charge will still appear on your criminal record and can affect your career, renting an apartment, or going to school. You also could face a high fine. Jail time is also a possibility, even for a first-time DUI.

Can I Represent Myself?

For a minor traffic violation, you are allowed to represent yourself. But if you face a severe misdemeanor or felony, you should always hire a criminal defense attorney. If jail time is possible, you should always have an attorney in your corner.

Contact Our Palatine Criminal Defense Attorneys

Were you charged with a misdemeanor, felony, or traffic violation in Illinois? You need to hire an attorney today to provide the strongest defense. Villadonga & Villadonga represents people charged with minor and more severe crimes in Palatine and all of Cook County and the surrounding counties. Please contact our Palatine criminal defense attorneys today at 847-298-5740 for a consultation about your case.