Violent Crimes

Criminal Defense for Violent Crimes in Illinois

Defending Violent Crimes in Illinois

Protecting Your Rights with Experienced Legal Representation

Violent crimes – ranging from assault and battery to murder – are taken very seriously by law enforcement officers, prosecutors, and the courts. Without the support and representation of veteran trial attorneys, violent crimes charges can alter the course of your entire life. At Lyon & Kerr, we understand the potential consequences of a conviction can include lengthy prison sentences, hefty fines, and a permanent criminal record that can affect your personal and professional life. We are prepared to help you navigate the complex legal system, build a strong defense strategy, and protect your constitutional rights.

Understanding Violent Crimes in Illinois

Illinois law defines violent crimes as those offenses that involve the unlawful use of force, or threat of force, against another person. [725 ILCS 120/3(c)]. Some of the most common violent crime charges in Illinois include:

  • Assault and Battery: These offenses involve intentionally, and unlawfully, inflicting harm or threatening harm on another person. Simple assault [720 ILCS 5/12-1] and simple battery [720 ILCS 5/12-3] are generally charged as misdemeanor offenses, but may nonetheless result in custodial sentences and the tarnishing of your criminal history. Simple assault and battery may be charged as aggravated offenses based upon on the circumstances of the case.
  • Aggravated Battery: These are more serious forms of battery and may be punishable by imprisonment. Aggravating factors include the use of a firearm, or the infliction of great bodily harm, permanent disability, or disfigurement. Aggravated battery charges may also be brought if the battery occurred on a public way, or if the alleged victim has a certain status or belongs to a protected class of people (e.g., law enforcement officers, children, or elderly persons). [720 ILCS 5/12-3.05]
  • Domestic Battery: Domestic battery [720 ILCS 5/12-3.2] and aggravated domestic battery [720 ILCS 5/12-3.3] charges are brought by the State against defendants accused of committing battery against household members, like partners, spouses, and children. In Illinois, a conviction for aggravated domestic battery requires a sentence of at least 60 days in the county jail, or 3 to 7 years, or even as many as 14 years, in the Illinois Department of Corrections. Convictions can lead to strict penalties, may involve mandatory counseling or treatment, and – in cases involving minor children, registration as a Violent Offender Against Youth [730 ILCS 154/1].
  • Aggravated Vehicular Hijacking: If you are accused of knowingly taking a motor vehicle from another person by the use of force, or threat of force, you may be charged with the Class 1 felony offense of Vehicular Hijacking [720 ILCS 5/18-3(a)], which carries a sentence of 4 to 15 years in prison. However, if you are accused of committing the hijacking while armed with a firearm, you may be charged with Aggravated Vehicular Hijacking [720 ILCS 5/18-4(a)(4)], a Class X felony offense that carries a sentence of 21 to 45 years in prison.
  • Robbery and Armed Robbery: Robbery [720 ILCS 5/18-1] involves the use of force or the threat of force to steal property from another person, and may be punishable by a sentence of 3 to 7 years in the Illinois Department of Corrections. Armed robbery with a firearm [720 ILCS 5/18-2(a)(2)] is a far more serious offense as it carries a sentence of 21 to 45 years in the Illinois Department of Corrections.
  • Kidnapping: The secret confinement or movement of another person against his or her will, by force or deceit, may be charged as the Class 2 felony offense of kidnapping. 720 ILCS 5/10-1. However, if the kidnapping is alleged to involve an intent to obtain ransom, a child, great bodily harm, a firearm, or the commission of other felony offenses, aggravated kidnapping charges may be filed against you. [720 ILCS 5/10-2.] Aggravated kidnapping is a Class X felony offense that carries 6 to 30 years, 21 to 45 years, or even 31 years to life in prison.
  • Sex Crimes: Illinois law defines most sex crimes as being crimes of violence. See Sex Crimes (link to our page). Convictions for sex crimes offenses also require compliance with the Sex Offender Registration Act [730 ILCS 150/2] for at least 10 years, and – in most cases – for life. At Lyon & Kerr we have a reputation for standing up to the State on sex cases, and for treating our clients with the dignity that they deserve.
  • Homicide and Murder: The most serious violent crime charge, homicide, includes different degrees such as first-degree murder, second-degree murder, and manslaughter. A conviction for any form of homicide carries severe penalties, including life imprisonment. See Homicide and Murder (link to our page)

Potential Consequences of a Violent Crime Conviction in Illinois

Illinois takes violent crime charges seriously, and penalties for a conviction can be severe. Depending on the nature and circumstances of the crime, penalties may include:

  • Pretrial Detention: Pursuant to the Pretrial Fairness Act and 725 ILCS 5/110-1.5, “the requirement of posting monetary bail is abolished,” and, pursuant to 725 ILCS 5/110-2(a), “all persons charged with an offense shall be eligible for pretrial release before conviction.” However, the Pretrial Fairness Act also provides the prosecution with the ability to petition the Court to deny the accused pretrial release, particularly in cases involving crimes of violence. The attorneys at Lyon & Kerr are prepared to fight for your pretrial release, even if you are charged with very serious violent crimes, including murder.
  • Probation: In some cases, defendants convicted of violent crimes may be sentenced to probation, but being eligible for probation after conviction does not necessarily mean that the Court will, in fact, sentence you to probation. The criminal defense attorneys at Lyon & Kerr are prepared to not only defend you at trial, we have the knowledge and experience necessary to develop the most compelling arguments for the imposition of the least restricted sentence, such as probation.
  • Imprisonment: Some violent crimes are punishable with probation, but the entry of conviction for others may require the imposition of a lengthy prison sentence. Conviction for certain violent crimes such as the murder, or predatory criminal sexual assault of two or more individuals, may carry a mandatory life sentence.
  • Fines & Restitution: Fines may be substantial and may be imposed in addition to imprisonment, often reaching tens of thousands of dollars. If the victim of the violent crime incurred financial loss due to the crime (e.g., medical bills, lost wages), the court may also order the defendant to pay restitution.
  • Criminal Record: The entry of conviction for the commission of a violent crime will result in a permanent criminal record, which can affect future employment, housing, and other aspects of your personal and professional life. At Lyon & Kerr we prepared not only to fight against imprisonment, but also against the entry of a permanent felony conviction.

Common Defenses Against Violent Crime Charges

Every criminal case is unique, and the defense strategies employed by Lyon & Kerr will vary depending on the specific facts and circumstance of your case. Some common defenses to violent crime charges in Illinois include:

  • Self-Defense: If – with necessary and reasonable force – you defend yourself or others from immediate harm, but the prosecution charges you with the commission of a violent offense, you may at trial assert the affirmative defense of self-defense. 720 ILCS 5/7-1. Illinois law allows for the use of force, even deadly force in certain situations, but the force used must be reasonable and proportionate to the threat faced.
  • Lack of Evidence: In all criminal cases, prosecutors bear the burden of proving the defendant’s guilt beyond a reasonable doubt. The severity of the injury sustained by the alleged victim does not change the prosecutions burden, but the degree of injury will have an impact on pretrial negotiations, and sentencing. At Lyon & Kerr, we possess the knowledge and experience to review all of the prosecution’s evidence, to gauge the prosecution’s ability to meet its burden, and to render advice to our clients in advance of trial. If the prosecution’s case is weak or nonexistent, may move for dismissal in advance of trial, or a directed finding of “not guilty” in the midst of trial.
  • False Allegations: Sometimes, individuals are falsely accused of violent crimes due to personal animosities, misunderstandings, or ulterior motives. The attorneys at Lyon & Kerr are experienced trial attorneys, skilled in the art of cross-examination, and in the impeachment, of the prosecution’s witnesses. We will employ private investigators to get to the bottom of the accuser’s motives and biases, and to challenge the accuser’s credibility at trial.
  • Mistaken Identity: In many instances, a defendant may be wrongly identified, and subsequently charged, as the perpetrator of a violent crime. In the State of Illinois, defendants may retain the services of an expert witness in the field of eyewitness identification, and admit expert testimony at trial to challenge the reliability of a witness’ identification or memory. The attorneys at Lyon & Kerr have recently worked with the nation’s leading expert in the field of eyewitness identification to secure findings of “not guilty” for clients charged with first-degree murder.
  • Alibi: If you were somewhere else when the crime occurred, an alibi defense may help us prove that you could not have been involved in the commission of a violent crime. The attorneys at Lyon & Kerr are prepared to assist you in developing your alibi, and to consult with you regarding the challenges and burdens of proof associate with such a defense. Securing the services of experienced criminal defense attorneys in the early stages of your defense against violent crime charges is imperative.
  • Mental State and Insanity: In certain cases, a defendant may not be mentally capable of understanding the consequences of their actions due to mental illness or mental defect. Under certain circumstances, Illinois provides for a defense based on a lack of criminal responsibility due to mental illness or defect.

Why You Need an Experienced Criminal Defense Attorney

A conviction for a violent crime can have life-altering consequences, making it essential to have the right legal representation. An experienced criminal defense attorney can:

  • Investigate the Crime: Your attorney will thoroughly review the evidence, speak with witnesses, and investigate the circumstances surrounding your case to uncover any weaknesses in the prosecution’s case.
  • Advocate on Your Behalf: A skilled defense attorney will negotiate with prosecutors and work to secure the best possible outcome, whether through plea negotiations, diversion programs, or taking your case to trial.
  • Challenge Evidence and Testimony: Your attorney can challenge evidence such as forensic reports, witness statements, and police procedures that may have been improperly handled or that are not credible.
  • Protect Your Rights: Throughout the process, your attorney will ensure that your rights are protected and that you are not subjected to unlawful procedures or unfair treatment.

Contact an Experienced Illinois Criminal Defense Lawyer

If you are facing violent crime charges in Illinois, you need the team at Lyon & Kerr in your corner. We build a dynamic team to defend you, and to address the legal issues at the forefront of your case. Our team leaves no stone unturned in order to provide you with the best possible defense to even the most violent allegations. Contact us today for a confidential consultation.

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