BLOOMINGTON CRIMINAL DEFENSE BLOG HOME

May 17

How Does Illinois Punish Aggravated Discharge of a Firearm?

The State of Illinois has many laws against the use of dangerous weapons, such as knives, clubs, and firearms. Due to the inherent risks associated with the use of firearms, specifically, there are additional restrictions and penalties under Illinois law, including aggravated discharge of a firearm.

How Does Illinois Define Aggravated Discharge of a Firearm?

The Illinois definition of aggravated discharge of a firearm appears in 720 ILCS 5/24-1.2. This crime only applies in specific situations and under limited circumstances — when a person intentionally discharges a firearm:

    At or into a building with knowledge that there are people inside; In the direction of a person or a vehicle with a person inside; In the direction of a law enforcement officer in the performance of official duties; In the direction of a vehicle carrying a law enforcement officer in the performance of official duties; In the direction
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May 10

What are Illinois Laws Against Home Invasion?

A home invasion under Illinois law is a highly specific type of criminal offense. Unlike the more general crime of breaking and entering, a home invasion also deals with the use of force or threats of force. If there is no one present who sustains physical harm during the offense, it does not normally qualify as a home invasion under Illinois law.

Illinois Definition of Home Invasion

The Illinois definition of a home invasion appears in 720 ILCS 5/19-6. Under this section, it is unlawful to knowingly enter another person’s residence or dwelling without permission or authorization.

The crime of home invasion only applies if the offender knows — or has a reason to know — that people are present in the residence or dwelling. Additionally, the criminal offender must also:

    Use force or the threat of force while armed with a dangerous weapon; Cause physical injury to a
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May 3

DUI |

What are the Penalties for DUI in Illinois?

It is illegal to drive under the influence (DUI) of alcohol or drugs in Illinois because of the risk of property damage, physical injury, and even death. To deter people from engaging in this type of driving behavior, Illinois law under 625 ILCS 5/11-501 outlines a multifaceted penalty structure for DUI offenses.

Penalties for Standard DUI Offenses

When a person commits DUI in Illinois, a conviction results in certain standard penalties. Generally, Illinois law charges DUI as a Class A misdemeanor and includes the following penalties:

    First Offense: Upon conviction, the offender may face up to 364 days in jail, $2,500 in criminal fines, and a 24-month probationary period; and Second Offense: Upon conviction, the offender is subject to the first-offense penalties and a mandatory minimum of five days in prison or 240 hours of community service.

Furthermore, a DUI conviction in Illinois will result in driver’s license [...]

Apr 26

How Does Illinois Define and Punish Criminal Damage to Property?

When any person engages in certain types of property damage in Illinois, he or she will face charges for criminal damage to property. This offense exists on top of civil remedies available to the property owner, punishing specific conduct with potential jail time and criminal fines. That being said, this offense is limited to perpetrators who engage with knowledge in distinct varieties of property damage.

What is the Definition of Criminal Damage to Property?

Under 720 ILCS 5/21-1, criminal damage to property occurs when a person knowingly, recklessly, or intentionally:

    Damages another person’s property; Uses fire or explosives to damage another person’s property; Sparks a fire on another person’s land; Injures another person’s pet or domestic animal without consent; Deposits a stink bomb or similarly offensive device on another person’s land or building; Destroys any property with the intent of defrauding an insurance provider; Discharges a firearm at
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