Trust Glozman Law with State Felonies and Misdemeanor Defense
Even misdemeanors carry potential jail sentences. Prior to sentencing, those facing misdemeanor or felony charges from the state have to navigate the pretrial phase of their case. Illinois has one of the highest percentages of unsentenced inmates in the country — meaning many defendants who cannot afford cash or bail bonds are left waiting for their day in court.
For the majority of these individuals, that day never comes. In fact, incarcerated defendants are more likely to plead guilty — regardless of the plea bargain’s terms — to avoid any further dealings with the judicial system.
Glozman Law effectively handles both federal and state cases with equal attention to detail and commitment — regardless of the charge. We recognize that all criminal accusations are serious and individualize representation by learning the nuances of each case and conducting the research necessary to ensure the best possible outcome.
These demoralizing plea agreements don’t have to be a reality. Some states, like Illinois, have a liberal pretrial release system, which makes such a release easily attainable if a defendant agrees to appear at trial and follow certain conditions. While pretrial release is available in both misdemeanor and felony matters, the offense typically must be nonviolent and the defendant must have no criminal record.
State Felonies and Misdemeanor Defense Case Result
People v. RHRH, a businessman, was charged with multiple counts of attempted murder, aggravated kidnapping, armed robbery, and aggravated battery. The case went to trial. RH was found not guilty on all counts after the judge granted a motion for directed finding based on the cross-examination of the alleged victim.
- Ricky Harris
- Areas of Practice
- Why Choose Glozman Law?
Glozman Law is skilled and experienced in representing defendants charged with various state-prosecuted violent and non-violent crimes, including:
Assault can be considered a misdemeanor or a felony depending on the facts. Not only do these types of charges have direct consequences, they also have significant collateral consequences — such as the triggering of a protective order or family law case following domestic assault.
Additionally, assault could have immigration consequences since it is sometimes considered a crime of violence and always considered a crime of moral turpitude.
The following is typically true of all types of criminal assault in Illinois:
- Attempted murder ILCS 720 5/8-4 is, essentially, enhanced aggravated assault. In addition to all the elements of that offense, the state must also prove the defendant intended to kill the alleged victim, the defendant knew his/her conduct could be fatal to the alleged victim, and that the attack was premeditated.
- Aggravated assault usually involves either serious bodily injury or a dangerous weapon. Serious bodily injury generally results in emergency treatment or hospitalization of the alleged victim. It’s important to note that any object — including a frying pan or a baseball bat — could be considered a dangerous weapon in the right context.
- Ordinary assault is traditionally a misdemeanor, though certain enhancements could apply — such as the defendant’s criminal history and the relationship between the defendant and alleged victim. Any injury could satisfy the statutory bodily injury requirement and, the more severe an injury, the easier it is for prosecutors to prove intent.
- ABC (assault by contact) is a harmful or offensive touch with no injury requirement. Frequently, the state will press ABC charges if the evidence is too weak to support any other charges.
DUI charges, like assault, have significant direct and collateral consequences, including exorbitant auto insurance rates. Law enforcement tends to be aggressive in their pursuit of these infractions, especially during high-visibility campaigns like the annual “Drive Sober or Get Pulled Over”.
Patrolling officers typically need reasonable suspicion to detain suspects, i.e. an evidence-based theory. Actions like leaving a bar, driving slowly, or acting suspiciously are not considered evidence-based suspicions.
Officers must also have probable cause to arrest motorists. The three approved field sobriety tests often used to provide probable cause are: the Horizontal Gaze Nystagmus (the DUI eye test); the Walk and Turn (walking a straight line); and the One-Leg Stand — all of which have serious flaws.
In court, the state must prove intoxication beyond a reasonable doubt. While most defendants provide breath samples, a breathalyzer is not known for its reliability, as it simply estimates blood alcohol levels via breath alcohol levels.
While the “war on drugs” has diminished to an extent, drug possession is still considered an issue — albeit a health and safety one as opposed to criminal. Still, drug possession charges have numerous moving parts.
In court, prosecutors must establish all three elements of possession — proximity, knowledge, and control. Individual possession is especially difficult to prove in mass arrest cases. For example, if officers find drugs in a vehicle and arrest all passengers, the charges aren’t likely to hold up in court.
Depending on the amount of the substance, drug possession could be considered either misdemeanor or felony. The exception is prescription pain medication — like Oxycontin — where possession of even a single pill could result in a felony charge.
State criminal charges are arduous, but favorable outcomes are attainable. Securing a lawyer with experience in state felony and misdemeanor cases is crucial to achieving these outcomes. Glozman Law understands the importance of a well-planned, individualized defense, no matter the charge or its severity.
We devote the full extent of our resources to each client, meticulously reviewing each case and tailoring a defense that is unique to the situation. Our track record of success is built upon years of criminal defense experience and this expertise is used to defend clients against a myriad of charges.
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