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Goldman & Associates - Criminal Defense
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Assault is a criminal offense, set out by Illinois law 720 ILCS 5/12-1. When most people think of assault, they think of a physical attack on another person. However, many people do not realize that you may be charged with assault even if you never actually touch another person.
The law defines the crime of assault as engaging in conduct that puts another person in “reasonable apprehension” of unwanted contact or harm. Therefore, if you take any action that places someone else in fear, you may face serious criminal charges and penalties.
Simply telling someone you plan to hurt them is not assault, because verbal threats alone are not enough. However, if a verbal threat is accompanied by some type of physical motion, you may face assault charges. Additionally, if you make a physically threatening motion toward someone and they do not see it, it does not constitute assault. For example, if a person is walking away and you make a threatening gesture toward their back, they would not have been put in fear of harm, so no assault would have occurred.
A few examples of assault include the following:
        Coming at someone with your fists up;
        Swinging a bat toward another person; or
        Throwing an object in another person’s direction.
Simple assault is charged as a Class C misdemeanor, which means you could face up to 30 days in jail, up to a $500 fine, probation, and mandatory community service for 30-120 hours.
Aggravated Assault
The crime of assault becomes significantly more serious when it is elevated to aggravated assault. Illinois law defines aggravated assault as an assault when any of the following circumstances exist:
        The assault occurs on a public street, a sports venue, a place of accommodation or amusement, or on other public property;
        The assault occurs against one of the following types of victims: a person over the age of 60; a physically handicapped person; a teacher or other employee of a school on school property; a park employee on park property; any peace officer, fireman, or emergency medical technician while on duty; a probation or correctional officer while on duty; an employee or politician for the state of Illinois; an Illinois transit employee; a working sports coach or official; or a process server while trying to serve papers;
        The assault involves a firearm or discharge of a firearm;
        The assault involves driving a motor vehicle in a manner that puts another person in fear of being struck by the vehicle;
        The suspect uses a mask, hood, or robe to hide his identity during the assault; or
        The suspect made an audio or video recording of the assault with intention of circulating the recording.
Depending on the particular circumstances of the case, aggravated assault may be charged as a Class A misdemeanor, a Class 4 felony, or a Class 3 felony. This means you could have a serious felony conviction on your record and face substantial time behind bars.
If you have been charged with any type of assault offense in Illinois, you should contact experienced Chicago criminal defense attorney Steven Goldman at Goldman & Associates for help as soon as possible.

Illinois Concealed Weapons

Not until the year 2012, the law in Illinois forbid any citizen to carry a gun or any firearm either openly or concealed, outside his or her home. This law was struck down by a federal appellate, because it found out that the law violated the second Amendment in the case of Moore v. Madigan and the state was given 180 days to amend the this law. Illinois passed another law in 2013, which allows people to carry concealed weapons with a permit outside their homes.
Before a concealed weapon license can be obtained, the applicant must have obtained a Firearm Owner’s Identification (FOID) card, or must qualify to be given one and should be in the process of applying for the card. Furthermore, the applicant must give in to a background check, and must have never been convicted of any criminal act, and/or an offence involving violence within the past five years of application. The people who are not permitted to obtain a license or even possess a gun in Illinois are:
• not citizens of U.S. or legal residents
• less than 18 years of age
• less than 21 years of age and has no parental consent or parent who is qualified for obtaining a FOID card
• unqualified to own a firearm under the U.S. federal law
• convicted felon
• mentally defective
• mentally impaired or intellectually disabled
• minors that was convicted of certain crimes that would be counted as felony, if it was committed by an adult, or have been adjudged felonious
• addicted to certain controlled substances
It is a Class A offence for someone to own a weapon without having a FOID card, when the person is otherwise qualified to get a FOID card. Any violator will either be fined up to $2500 or jailed for up to one year, and can be both. A second violation or subsequent one is a Class 4 felony, which will attract at least one year (and up to three years) jail term, or a fine up to $25000 and can be both.
It is a Class 3 offence for someone to own a weapon without having a FOID card, when the person is not otherwise qualified to get a FOID card. Any violator will either be fined up to $25000 or jailed for at least two years (and up to five years) and can be both. A third violation or subsequent one is a Class 1 felony, which will attract at least six year (up to thirty years) jail term or a fine up to $25000, and can be both.
It is a serious offence for anyone to violate the firearm carry laws, and most times the fines are high and the jail sentences are long. It is appropriate to seek the help of lawyers in knowing more about carrying a gun in Chicago or Illinois. Goldman & Associates can help you if you are facing charges for violating a gun carry law.

http://chicago-criminalattorney.net/illinois-concealed-weapons/

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