BLOOMINGTON CRIMINAL DEFENSE BLOG HOME

Sep 6

Five Illinois Teenagers Charged Under Felony Murder Rule

Five Illinois teenagers were charged under the felony murder rule for their role in a car theft gone wrong, according to an article by WTTW

These teenagers and an accomplice were attempting to steal an elderly man’s vehicle in Lake County, but the elderly man resisted and refused to turn over his vehicle. The elderly man ultimately pulled out a gun and fired, striking and killing the accomplice.

Even though the teenagers did not actually cause the death of their accomplice, they were in the process of committing a forcible felony together. In this type of situation, the teenagers can face first-degree murder charges, even without firing the fatal bullet. This is referred to as the felony murder rule. 

To understand the legal significance of the felony murder rule, it will be necessary to first review the definition of a forcible felony. Then it will be possible to analyze [...]

Aug 30

Drug Manufacturing/Delivering vs. Drug Trafficking in Illinois

Drug crimes and addiction ruin many lives across the State of Illinois every year, tearing families apart and even resulting in fatal overdoses. Accordingly, Illinois law prohibits any person from manufacturing, delivering, or trafficking drugs. When a person violates these laws by manufacturing, delivering, or trafficking drugs, the end result is generally an extended prison sentence and a staggering amount of fines.

Drug Manufacturing/Delivering

720 ILCS 570/410 frames the Illinois laws against drug manufacturing/delivering. Under this section, it is unlawful to create illegal drugs or distribute them to other people. It is also unlawful to possess illegal drugs in such a quantity that indicates an intent to manufacture or deliver. 

The penalties for drug manufacturing/delivering also appear under Section 570/410. Though Illinois law pegs the applicable punishment to the type and quantity of illegal drugs at issue. To illustrate this principle, please find below a breakdown of different Illinois penalties [...]

Aug 23

Peoria City Councilman Arrested for Aggravated Domestic Battery

A Peoria councilman potentially faces criminal charges after his arrest last month for aggravated domestic battery, according to an article by Peoria Public Radio

This criminal inquiry stems from an incident that occurred on July 30th at approximately 9:30 p.m. That is when the Peoria Police Department responded to an allegation of domestic battery on the 3000 block of North Bigelow Street.

The police officers arrested the city councilman in connection with these allegations. The city councilman was later charged with aggravated domestic battery and released the next day on a $100 bond. 

In order to understand the boundaries of aggravated domestic battery, it may be necessary to review the Illinois laws against the standard version of domestic battery. To that end, it is possible to take a refresher course on domestic battery under Illinois law by reading this Prior Law Firm blog post — What is Domestic [...]

Aug 16

New Trial Ordered in Peoria Armed Robbery Case

The Third District Appellate Court in Ottawa recently ordered a new trial for a Peoria man who allegedly committed armed robbery, according to an article by the Journal Star. The appellate judges were not convinced that the Peoria man was fit to stand trial. 

In terms of background, this case traces back to April 6, 2016. On that date, the Peoria man allegedly went to a Family Dollar store and attempted to purchase some candy. At the register, this man allegedly pulled a handgun on the store clerk and stole money from the register. 

Local law enforcement responded to the incident and conducted a full investigation. Thereafter, they charged the Peoria man with armed robbery. During the ensuing trial in the circuit court, the judge relied on a written agreement that the Peoria man was fit to stand trial. Thereafter, the Peoria man received a guilty verdict and [...]