At The Law Offices of Kenneth M. Devaney, PC, located in Lake Bluff, Illinois, we believe that informed clients make the best decisions about their legal matters. If you or someone you know is facing assault charges, it's crucial to understand the differences between simple assault and aggravated assault under Illinois law. What Constitutes Simple Assault? In Illinois, simple assault is defined under 720 ILCS 5/12-1. A person commits assault when they knowingly engage in conduct that places another person in reasonable apprehension of receiving a battery. Importantly, physical contact is not required for an assault charge; the mere threat or action that causes someone to fear imminent harm is sufficient. For example, raising a fist as if to strike someone or making a verbal threat accompanied by a menacing gesture could be considered simple assault. Simple assault is classified as a Class C misdemeanor in Illinois. Penalties may include: Up to 30 days in jail Fines up to $1,500 Possible probation or community service Understanding Aggravated Assault Aggravated assault is a more serious offense under Illinois law, defined in 720 ILCS 5/12-2. It involves the same basic elements as simple assault but includes certain aggravating factors that elevate the severity of the crime. Aggravating factors can include: Use of a deadly weapon or an object that can be used as a weapon Assault against a protected class of individuals, such as police officers, firefighters, teachers, or the elderly Committing the assault in specific locations like public parks, schools, or places of worship Concealing one's identity during the assault, such as wearing a mask or disguise Aggravated assault charges can range from a Class A misdemeanor to a Class 4 felony, depending on the circumstances. Penalties may include: Up to one year in jail for a Class A misdemeanor Fines up to $2,500 For felony charges, imprisonment ranging from one to three years Higher fines and potential long-term consequences, such as a felony record Key Differences Between Simple and Aggravated Assault The primary difference between simple assault and aggravated assault lies in the presence of aggravating factors. While simple assault involves causing someone to fear imminent harm, aggravated assault involves additional elements that make the offense more severe. These can include the use of weapons, the status of the victim, or the location where the assault occurred. Why Legal Representation Matters Assault charges, whether simple or aggravated, carry serious legal consequences that can impact your future employment opportunities, reputation, and personal relationships. Navigating the complexities of the legal system without experienced representation can be overwhelming. At The Law Offices of Kenneth M. Devaney, PC, we have extensive experience defending clients against assault charges in Illinois. Our firm is committed to providing personalized legal strategies tailored to the specifics of your case. We will work diligently to protect your rights, explore all possible defenses, and strive for the best possible outcome.

At The Law Offices of Kenneth M. Devaney, PC, located in Lake Bluff, Illinois, we understand that facing theft charges can be a daunting experience. As an experienced criminal defense attorney, Kenneth M. Devaney is committed to providing you with the knowledge and representation you need. This blog post explores the key differences between shoplifting and felony theft under Illinois law to help you better understand your situation. What Is Shoplifting? Shoplifting, legally referred to as retail theft in Illinois, involves knowingly taking merchandise from a retail establishment without paying the full retail value. Common forms of shoplifting include: Concealing merchandise on your person or in a bag Altering or removing price tags to pay less Transferring items into different containers Under-ringing items at self-checkout stations In Illinois, if the value of the stolen merchandise is $300 or less , the offense is typically charged as a Class A misdemeanor . Penalties may include: Up to one year in jail Fines up to $2,500 Restitution to the victim What Constitutes Felony Theft? Felony theft involves the unauthorized taking of property that exceeds a certain value or involves specific circumstances. Theft charges escalate to a felony when: The stolen property is valued over $500 in most cases The theft occurs in a place of worship , school , or involves government property The offender has prior convictions for theft-related offenses Felony theft is classified into different categories based on the value of the stolen property and prior criminal history, including: Class 4 Felony : Property valued between $500 and $10,000; punishable by 1 to 3 years in prison Class 3 Felony : Property valued between $10,000 and $100,000; punishable by 2 to 5 years in prison Class 2 Felony : Property valued over $100,000; punishable by 3 to 7 years in prison Key Differences Between Shoplifting and Felony Theft Value of the Property: Shoplifting typically involves items worth $300 or less, while felony theft involves higher-valued property starting at over $500. Severity of Charges : Shoplifting is usually a misdemeanor offense, whereas felony theft carries more severe penalties, including longer imprisonment terms. Circumstances of the Crime : Theft committed in certain locations or involving certain items (e.g., firearms, motor vehicles) can automatically elevate charges to a felony. Criminal History : Repeat offenses can result in harsher charges. Prior convictions can escalate a misdemeanor theft charge to a felony. Why Choose The Law Offices of Kenneth M. Devaney, PC Facing theft charges can have long-lasting impacts on your life, including a criminal record that affects employment opportunities and personal relationships. Our firm offers: Personalized Legal Strategies : We analyze the unique aspects of your case to build a strong defense. Experience and Knowledge : With extensive experience in Illinois criminal law, we navigate the legal system effectively on your behalf. Compassionate Support : We provide guidance and support throughout the legal process, ensuring you understand your rights and options. Contact Us for a Confidential Consultation If you or someone you know is facing charges for shoplifting or felony theft, acting promptly is crucial. Contact The Law Offices of Kenneth M. Devaney, PC, in Lake Bluff, IL, today to schedule a confidential consultation. Let us help protect your rights and work towards the best possible outcome for your case.

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