Prospect Heights Criminal Defense Lawyers

Nobody ever wants to be arrested or face criminal charges, but there are a wide variety of situations in which people can find themselves in court having to answer for criminal allegations. These types of situations are always concerning to most people because criminal cases have the potential to involve serious penalties that include terms of imprisonment as well as steep fines.

Any person who is accused of a criminal offense anywhere in Illinois should not hesitate to seek legal representation as soon as possible. You will want to contact an experienced Prospect Heights criminal defense lawyer to understand the penalties you are facing and any possible defenses.

Types of Criminal Defense Cases We Handle in Illinois

Villadonga & Villadonga represents clients facing various kinds of criminal charges. Some of the types of cases we handle most frequently include, but are not limited to:

• Assault — Under 720 Illinois Compiled Statute (ILCS) § 5/12-1, a person commits an assault when, without lawful authority, they knowingly engage in conduct which places another person in reasonable apprehension of receiving a battery. Assault is a Class C misdemeanor. 720 ILCS § 5/12-2 is the state law for aggravated assault that states an offense will be based on the location of the conduct, as a person commits aggravated assault when they commit an assault against an individual who is on or about a:
  • public way
  • public property
  • a public place of accommodation or amusement
  • a sports venue
  • in a church, synagogue, mosque, or other building, structure, or place used for religious worship

  Offenses can also be based on the status of alleged victims, such that a person commits aggravated assault when, in committing an assault, they know the individual assaulted to be any of the following:

  • A person with a physical disability or a person 60 years of age or older and the assault is without legal justification.
  • A teacher or school employee upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes
  • A park district employee upon park grounds or grounds adjacent to a park or in any part of a building used for park purposes
  • A community policing volunteer, private security officer, or utility worker performing their official duties, assaulted to prevent performance of their official duties, or assaulted in retaliation for performing their official duties
  • A peace officer, fireman, emergency management worker, or emergency medical services personnel performing their official duties, assaulted to prevent performance of their official duties, or assaulted in retaliation for performing their official duties
  • A correctional officer or probation officer performing their official duties, assaulted to prevent performance of their official duties, or assaulted in retaliation for performing their official duties
  • A correctional institution employee, a county juvenile detention center employee who provides direct and continuous supervision of residents of a juvenile detention center, including a county juvenile detention center employee who supervises recreational activity for residents of a juvenile detention center, or a Department of Human Services employee, Department of Human Services officer, or employee of a subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons performing their official duties, assaulted to prevent performance of their official duties, or assaulted in retaliation for performing their official duties
  • An employee of the State of Illinois, a municipal corporation therein, or a political subdivision thereof, performing their official duties
  • A transit employee performing their official duties, or a transit passenger
  • A sports official or coach actively participating in any level of athletic competition within a sports venue, on an indoor playing field or outdoor playing field, or within the immediate vicinity of such a facility or field
  • A person authorized to serve process under Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court, while that individual is in the performance of his or her duties as a process server.
• Battery — Under 720 ILCS § 5/12-3, a person commits battery if they knowingly without legal justification by any means cause bodily harm to an individual or make physical contact of an insulting or provoking nature with an individual. Battery is a Class A misdemeanor. 720 ILCS 5/12-3.05 is the state law pertaining to aggravated battery, under which an offense could be based on:
  • injury (causing great bodily harm or permanent disability or disfigurement)
  • causing severe and permanent disability
  • great bodily harm
  • disfigurement by means of a caustic or flammable substance
  • a poisonous gas
  • a deadly biological or chemical contaminant or agent
  • a radioactive substance
  • a bomb or explosive compound
  • causing great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons performing their official duties
  • battered to prevent performance of official duties, or battered in retaliation for performing official duties
  • causing great bodily harm or permanent disability or disfigurement to an individual 60 years of age or older
  • strangling another individual
  • injury to a child or person with an intellectual disability
  • location of conduct
  • status of victim (a person 60 years of age or older, a person who is pregnant or has a physical disability, a teacher or school employee upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes, a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee)
  • an officer or employee of the State of Illinois
  • a unit of local government
  • a school district
  • a transit employee performing their official duties
  • a transit passenger
  • a taxi driver on duty
  • a merchant who detains a person for an alleged commission of retail theft and the person without legal justification by any means causes bodily harm to the merchant
  • a person authorized to serve process under Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court while that individual is in the performance of their duties as a process server
  • a nurse while in the performance of their duties as a nurse
  • a merchant while performing their duties, including, but not limited to, relaying directions for healthcare or safety from their supervisor or employer or relaying health or safety guidelines, recommendations, regulations, or rules from a federal, State, or local public health agency
• Disorderly Conduct — Under 720 ILCS § 5/26-1, a person commits disorderly conduct when they:
  • knowingly do any act in an unreasonable manner as to alarm or disturb another party and provoke a breach of the peace
  • transmit or cause to be transmitted in any manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of the transmission that there is no reasonable ground for believing that the fire exists
  • transmit or cause to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life, knowing at the time of the transmission that there is no reasonable ground for believing that the bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in the place
  • transmit or cause to be transmitted in any manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session
  • transmit or cause to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed
  • transmit or cause to be transmitted in any manner a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public
  • call the number “911” or transmit or cause to be transmitted in any manner to a public safety agency for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency
  • transmit or cause to be transmitted in any manner a false report to the Department of Children and Family Services under Section 4 of the Abused and Neglected Child Reporting Act
  • transmit or cause to be transmitted in any manner a false report to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act
  • transmit or cause to be transmitted in any manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that the assistance is required
  • transmit or cause to be transmitted in any manner a false report under Article II of Public Act 83-1432, enter upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it, or while acting as a collection agency as defined in the Collection Agency Act or as an employee of the collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor.

  A violation of 720 ILCS § 5/26-1(a)(1) is a Class C misdemeanor. A violation of 720 ILCS § 5/26-1(a)(5) or 720 ILCS § 5/26-1(a)(11) is a Class A misdemeanor. A violation of 720 ILCS § 5/26-1(a)(8) or 720 ILCS § 5/26-1(a)(10) a Class B misdemeanor. A violation of 720 ILCS § 5/26-1(a)(2), 720 ILCS § 5/26-1(a)(3.5), 720 ILCS § 5/26-1(a)(4), 720 ILCS § 5/26-1(a)(6), 720 ILCS § 5/26-1(a)(7), or 720 ILCS § 5/26-1(a)(9) is a Class 4 felony. A violation of 720 ILCS § 5/26-1(a)(3) is a Class 3 felony. A violation of 720 ILCS § 5/26-1(a)(12) of is a Business Offense. A second or subsequent violation of 720 ILCS § 5/26-1(a)(7) or 720 ILCS § 5/26-1(a)(5) is a Class 4 felony. A third or subsequent violation of 720 ILCS § 5/26-1(a)(11) is a Class 4 felony.

• Domestic Violence — Under 750 ILCS § 60/103(3) domestic violence is defined as abuse under 750 ILCS § 60/103(1), which states that abuse means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis. Common kinds of domestic violence crimes include domestic battery, which can be a Class A misdemeanor but can be upgraded to a Class 4 felony when an alleged offender has prior domestic battery convictions, aggravated domestic battery involving great bodily harm, permanent disability, or disfigurement that is a Class 2 felony, and interfering with the reporting of domestic violence which is a Class A misdemeanor.
• Driving on a Suspended License — Under 625 ILCS § 5/6-303, driving while a driver’s license, permit, or privilege to operate a motor vehicle is suspended or revoked is a Class A misdemeanor, but certain factors can increase this charge to a felony. If a license was suspended or revoked for DUI, a first conviction of driving on a suspended or revoked license will see increased penalties. A second violation for driving on a license that was suspended or revoked for driving under the influence can be a Class 4 felony.
• Criminal Sexual Abuse — Under 720 ILCS § 5/11-1.50, a person commits criminal sexual abuse if they commit an act of sexual conduct by the use of force or threat of force, commit an act of sexual conduct and knows that the alleged victim is unable to understand the nature of the act or is unable to give knowing consent, they are under 17 years of age and commit an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age, or commit an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is less than 5 years older than the alleged victim. Criminal sexual abuse may be charged as either a Class A misdemeanor, Class 4 felony, or Class 2 felony.
• Unlawful Use of a Weapon (UUW) — The state law relating to unlawful use of weapons is found in 720 ILCS § 5/24-1. A person commits this offense if they sell, manufacture, purchase, possess or carries any:
  • Bludgeon
  • Black-jack
  • Slung-shot
  • Sand-club
  • Sand-bag
  • metal knuckles
  • other knuckle weapon regardless of its composition
  • throwing star
  • any knife
  • a switchblade knife with a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife
  • a ballistic knife, which propels a knifelike blade as a projectile by means of a coil spring
  • elastic material or compressed gas

  It is also illegal to carry or possess with intent to use the same unlawfully against another person, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character. A person also cannot carry or possess with intent to use the same unlawfully against another, any firearm in a church, synagogue, mosque, or other building, structure, or place used for religious worship, or carry on or about their person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older.

  People cannot carry or possess in any vehicle or concealed on or about their person except when on their land or in their own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, any pistol, revolver, stun gun or taser or other firearm, except that this does not apply to or affect transportation of weapons that meet one of the following conditions:

  • are broken down in a non-functioning state
  • are not immediately accessible
  • are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card
  • are carried or possessed in accordance with the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act
  • sets a spring gun, or possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm
  • sells, manufactures, purchases, possesses or carries a machine gun, which is defined as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon
  • sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun
  • any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person
  • any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches
  • any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles
  • carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages
  • at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.
• Possession of a Controlled Substance — Classification of drug crimes are dependent on the type of drug involved in the alleged crime. Controlled substances are divided into five schedules in Illinois. Schedule I drugs are opiates, certain opium derivatives, or hallucinogenic substances that are treated more harshly than Schedule V controlled substances that are usually medicines with very small amounts of specified narcotic drugs. The amount/weight of the drug possessed also has an impact on how the crime is charged. Drug possession cases can range from misdemeanors to possible Class 1 felony charges.

Contact Our Prospects Heights Criminal Defense Attorney

If you are facing any kind of criminal charges in Illinois, you cannot afford to go into court without legal counsel. Make sure you discuss your case with Villadonga & Villadonga who will provide you with an aggressive defense against criminal charges.

Our firm has helped numerous clients overcome all kinds of criminal charges. You can call 847-298-5740 or Prospect Heights criminal defense attorney online to take advantage of a free consultation.