Illinois Law
Illinois Felony & Misdemeanor Defense
- Felony & Misdemeanor Defense
Kidnapping
Kidnapping is secretly and knowingly confining a person against his or her will, or using deceit, enticement, force, or threat of force to cause a person to go from one place to another with the intention of secretly and knowingly confining that person against his or her will. Confining a child 12 years old or younger without the consent of the child's parent also constitutes kidnapping. Aggravated kidnapping is kidnapping under additional circumstances or with additional actions, such as kidnapping while wearing a mask or with a dangerous weapon, or kidnapping for ransom. All forms of kidnapping are felonies.Intimidation
The crime of intimidation is defined as intending to cause another person to act a certain way by threatening the person by phone, by mail, or in person. The threats can include threatening to- Hurt the person, another person, or property
- Physically confine or restrain the person
- Commit a crime or accuse the other person of committing a crime
- Expose the person to hatred or ridicule
- Cause a strike or boycott
Stalking
Stalking also is a felony. Stalking is the crime of knowingly following a person or putting a person under surveillance without justification, combined with threatening the person or causing the person to believe the stalker will harm him or her physically. The acts of following or watching must occur on at least two separate occasions to be stalking. A person commits aggravated stalking by actually causing physical harm. Another form of aggravated stalking is stalking that violates an order of protection.Hate Crime
Illinois law prohibits hate crime, which is defined as a crime such as assault, battery, or theft committed against a person because of his or her ancestry, color, disability, gender, national origin, race, or sexual orientation. For example, a group of white youths who chased and beat two black youths, referring to them using racial insults, were guilty of a hate crime in Illinois.Federal Drug and Gun Laws
Federal laws contain harsh penalties for distributing controlled substances, especially if firearms are even remotely involved. For example, any person who possesses, with intent to distribute, five grams of crack cocaine is subject to a mandatory sentence of five years without parole. If a gun is available for use or is being carried during a drug transactioneven if it is not useda mandatory five-year sentence must be imposed consecutively to a conviction for the drug offense. Thus, the person with five grams of crack cocaine with intent to distribute would receive a mandatory ten-year sentence without parole if he or she was carrying a gun. In most circumstances, federal judges cannot depart from these mandatory sentences. Penalties for controlled substance offenses become even harsher as quantities of the contraband increase.Crimes Causing Harm to Property
Depending on the value of the property involved, as well as the level of violence, most property crimes are felonies in Illinois. The legal definition of theft is obtaining, exerting control over, and intending to deprive; or knowingly using, concealing, or abandoning so as to deprive a person of his or her property. This definition is much broader than what most people think of as theft. It can include writing bad checks, keeping found property without making a reasonable attempt to find its rightful owner, misusing trade secrets, unlawfully tapping into cable television or other television services, interfering with public utilities, or taking large sums of money by deception from persons over age 60. Unless the value of the property taken is $300 or less, the crime of theft is a felony. Additionally, theft always is a felony if a firearm is involved or if the accused has been convicted previously of theft, burglary, or robbery. Burglary, because it involves entering or remaining in a building or dwelling without authority and with the intent to commit theft or a felony there, generally is a felony. Not only is it burglary to enter a house unlawfully with the intent to steal money or property, but it also is burglary to enter with the intent to commit a felony such as arson or murder. Similarly, robbery almost always is felonious. Robbery is unlawfully taking personal property from another person or in the presence of the other person while using or threatening to use force against the person. Aggravated robbery is robbery committed with a dangerous weapon.
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