Other Criminal Charges

Other Criminal Charges

Experienced Criminal Defense Representation in Chicago

Civil Litigation/Family Law

No matter how simple or severe the charges you are facing may seem it is important that you speak to an experienced criminal defense attorney before admitting guilt.

At Guszeczki & Smith Law our seasoned trial attorneys know how to defend you no matter what area of criminal law you find yourself needing representation:

Our attorney’s understand the stress and pain that facing criminal charges can bring upon you and your family. They personally work with every client and will work closely with you to help you understand your rights and options. As former prosecutors, our attorneys have insights into the court system that they can leverage to help you obtain favorable results.

Contact a Chicago Felony Defense Attorney

If you have been charged with any of the crimes listed above or any others please do not hesitate! Contact us immediately to get your free case evaluation by calling 312-253-7343 or filling out the case evaluation form on this page.

BURGLARY
“A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4-102 of the Illinois Vehicle Code.”

BURGLARY – 720 ILCS 5/19-1

Depending on the circumstances a burglary can be a Class 1, non-probational, felony and sentencing can range from 4 to 15 years in the Illinois Department of Corrections. If you have been charged with a burglary it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.

PROSTITUTION
“Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 11-0.1 of this Code for anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.”

PROSTITUTION – 720 ILCS 5/11-14

Prostitution charges can be a misdemeanor or felony depending on the criminal history of the accused. A person with a prostitution conviction in their criminal history can be charged with felony prostitution. Felony prostitution is a Class 4 felony and sentencing can range from probation up to 3 years in the Illinois Department of Corrections. Whether charged with a felony or a misdemeanor it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.

ASSAULT & AGGRAVATED ASSAULT
(720 ILCS 5/12-1) (from Ch. 38, par. 12-1) & (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
“A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.”

ASSAULT – 720 ILCS 5/12-1

Assault is a Class C misdemeanor. However, an Assault can also be an Aggravated Assault in some circumstances. Aggravated Assault can be a Class A misdemeanor, a Class 4 felony, or a Class 3 felony depending on the location of the assault, the status of the victim (teacher, handicap person, police officer, etc.), or the use of a firearm or automobile during the commission of the assault. A Class 3 felony is punishable by probation up to 5 years in the Illinois Department of Corrections. Whether charged with a felony or a misdemeanor it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.

BATTERY & AGGRAVATED BATTERY
(720 ILCS 5/12-3) (from Ch. 38, par. 12-3) & (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
“A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.”

BATTERY – 720 ILCS 5/12-3

Battery is a Class A misdemeanor. However, a Battery can also be an Aggravated Battery in some circumstances. Aggravated Battery can be a Class 3 felony, Class 2 felony, Class 1 Felony, or a Class X felony depending on severity of the injury, the status (a child or disabled person) of the victim, the location of the Battery, the use of a firearm during the battery, the use of a weapon during the battery, or other certain conduct. A Class X felony is non-probationable and is punishable by 6 to 30 years in the Illinois Department of Corrections. Additionally, some Aggravated Battery charges carry enhanced sentencing which can include sentencing up to and including life in prison. Whether charged with a felony or a misdemeanor it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.

DOMESTIC BATTERY & AGGRAVATED DOMESTIC BATTERY

(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2) & (720 ILCS 5/12-3.3) (from Ch. 38, par. 12-3.3)
“A person commits domestic battery if he or she knowingly without legal justification by any means: (1) Causes bodily harm to any family or household member; (2) Makes physical contact of an insulting or provoking nature with any family or household member.”

DOMESTIC BATTERY – 720 ILCS 5/12-3.2

Domestic Battery is a Class A misdemeanor. However, a Domestic Battery can also be an Aggravated Domestic Battery in some circumstances. Aggravated Domestic Battery can be a Class 4 felony, Class 3 felony, Class 2 felony, Class 1 Felony, or a Class X felony depending on severity of the injury, the status (a child or disabled person) of the victim, the criminal background of the accused, and the location of the Domestic Battery, the use of a firearm during the battery, the use of a weapon during the battery, or other certain conduct. A Class X felony is non-probationable and is punishable by 6 to 30 years in the Illinois Department of Corrections. Additionally, some Aggravated Domestic Battery charges carry enhanced sentencing which can include sentencing up to, and including, life in prison. Whether charged with a felony or a misdemeanor it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.

THEFT
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
“A person commits theft when he or she knowingly: (1) Obtains or exerts unauthorized control over property of the owner; or (2) Obtains by deception control over property of the owner; or (3) Obtains by threat control over property of the owner; or (4) Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen; or (5) Obtains or exerts control over property in the custody of any law enforcement agency which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen, and (A) Intends to deprive the owner permanently of the use or benefit of the property; or (B) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or (C) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.”

THEFT – 720 ILCS 5/16-1

Theft can range from a Class A misdemeanor all the way to a Class x felony depending on the value of the property that was taken, where the property was taken from, and the criminal background of the accused. A Class X felony is non-probationable and is punishable by 6 to 30 years in the Illinois Department of Corrections. Whether charged with a felony or a misdemeanor it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.

RETAIL THEFT
(720 ILCS 5/16-25) (from Ch. 38, par. 16-25)
A person commits retail theft when he or she knowingly:
(1) Takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or
(2) Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and attempts to purchase such merchandise at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or
(3) Transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or
(4) Under-rings with the intention of depriving the merchant of the full retail value of the merchandise; or
(5) Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or
(6) Represents to a merchant that he, she, or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or
(7) Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise; or
(8) Obtains or exerts unauthorized control over property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within 10 days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand.

RETAIL THEFT – 720 ILCS 5/16-25

Retail Theft can range from a Class A Misdemeanor to a Class 3 Felony. The charge can vary depending on the criminal background of the accused and the amount of property taken. A Retail Theft where the value of the merchandise taken is over $300 is a Class 3 Felony even if the accused has no criminal background. A Class 3 felony is punishable by up to 5 years in the Illinois Department of Corrections. Whether charged with a felony or a misdemeanor it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.

ROBBERY & AGGRAVATED ROBBERY
(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
“A person commits robbery when he or she knowingly takes property, except a motor vehicle covered by Section 18-3 or 18-4, from the person or presence of another by the use of force or by threatening the imminent use of force.”

ROBBERY – 720 ILCS 5/18-1

Robbery is a Class 2 felony and can be punishable by up to 5 years in the Illinois Department of Corrections. In some circumstances a Robbery can be an Aggravated Robbery. A Robbery can be an Aggravated Robbery if the accused indicates during the robbery that he is armed with a weapon or if the accused administers a controlled substance to the victim in order to take the victim’s property. If you have been charged with a Robbery it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.

ARMED ROBBERY
(720 ILCS 5/18-1) (from Ch. 38, par. 18-2)
“A person commits armed robbery when he or she violates Section 18-1; and (1) he or she carries on or about his or her person or is otherwise armed with a dangerous weapon other than a firearm; or (2) he or she carries on or about his or her person or is otherwise armed with a firearm; or (3) he or she, during the commission of the offense, personally discharges a firearm; or (4) he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.”

ARMED ROBBERY – 720 ILCS 5/18-2

An Armed Robbery is a Robbery committed by a person with a gun or other dangerous weapon. A dangerous weapon can include a firearm, stun gun, taser, knife with at least a 3 inch blade, switchblade, stiletto, axe, hatchet, bludgeon, black-jack, metal knuckles and others of like character. Armed Robbery is a Class X Felony. A Class X felony is non-probationable and is punishable by 6 to 30 years in the Illinois Department of Corrections. Additionally, some Armed Robbery charges carry enhanced sentencing which can include sentencing up to and including life in prison. If you have been charged with a Robbery it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.

VEHICULAR HIJACKING & AGGRAVATED VEHICULAR HIJACKING
(720 ILCS 5/18-3) (from Ch. 38, par. 18-3) & (720 ILCS 5/18-4) (from Ch. 38, par. 18-4)
“A person commits vehicular hijacking when he or she knowingly takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force.”

VEHICULAR HIJACKING – 720 ILCS 5/18-3

Vehicular Hijacking is a Class 1 felony and is punishable by 4 to 15 years in the Illinois Department of Corrections. In some circumstances a Vehicular Hijacking is an Aggravated Vehicular Hijacking. A Vehicular Hijacking can be an Aggravated Vehicular Hijacking based on the status (disabled or elderly person) of the victim, there is a child in the victim’s car during the Hijacking and whether a firearm or other weapon is used. Aggravated Vehicular Hijacking is a Class X felony. A Class X felony is non-probationable and is punishable by 6 to 30 years in the Illinois Department of Corrections. Additionally, some Aggravated Vehicular Hijacking charges carry enhanced sentencing which can include sentencing up to, and including, life in prison. If you have been charged with a Vehicular Hijacking it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.

KIDNAPPING & AGGRAVATED KIDNAPPING
(720 ILCS 5/10-1) (from Ch. 38, par. 10-1) & (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
“A person commits the offense of kidnapping when he or she knowingly: (1) and secretly confines another against his or her will; (2) by force or threat of imminent force carries another from one place to another with intent secretly to confine that other person against his or her will; or (3) by deceit or enticement induces another to go from one place to another with intent secretly to confine that other person against his or her will.”

KIDNAPPING – 720 ILCS 5/10-1

Kidnapping is a Class 2 felony and can be punishable by up to 5 years in the Illinois Department of Corrections. In some circumstances Kidnapping can be Aggravated Kidnapping. Kidnapping can be Aggravated Kidnapping based on a request for ransom, the age or disability of the person kidnapped, if the kidnapped person is harmed, if the accused was masked or conceals his identity during the kidnapping, if the accused is armed with a firearm or other dangerous weapon, if the accused discharges a firearm during the course of the kidnapping, if the accused shoots a person during the course of the kidnapping. Aggravated Kidnapping is a Class X felony. A Class X felony is non-probationable and is punishable by 6 to 30 years in the Illinois Department of Corrections. Additionally, some Aggravated Kidnapping charges carry enhanced sentencing which can include sentencing up to, and including, life in prison. If you have been charged with a Kidnapping it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.

POSSESSION OF A STOLEN MOTOR VEHICLE (PSMV)
(625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
“Except as provided in subsection (a-1), it is a violation of this Chapter for:
(1) A person not entitled to the possession of a vehicle or essential part of a vehicle to receive, possess, conceal, sell, dispose, or transfer it, knowing it to have been stolen or converted; additionally the General Assembly finds that the acquisition and disposition of vehicles and their essential parts are strictly controlled by law and that such acquisitions and dispositions are reflected by documents of title, uniform invoices, rental contracts, leasing agreements and bills of sale. It may be inferred, therefore that a person exercising exclusive unexplained possession over a stolen or converted vehicle or an essential part of a stolen or converted vehicle has knowledge that such vehicle or essential part is stolen or converted, regardless of whether the date on which such vehicle or essential part was stolen is recent or remote;
(2) A person to knowingly remove, alter, deface, destroy, falsify, or forge a manufacturer’s identification number of a vehicle or an engine number of a motor vehicle or any essential part thereof having an identification number;
(3) A person to knowingly conceal or misrepresent the identity of a vehicle or any essential part thereof;
(4) A person to buy, receive, possess, sell or dispose of a vehicle, or any essential part thereof, with knowledge that the identification number of the vehicle or any essential part thereof having an identification number has been removed or falsified;
(5) A person to knowingly possess, buy, sell, exchange, give away, or offer to buy, sell, exchange or give away, any manufacturer’s identification number plate, mylar sticker, federal certificate label, State police reassignment plate, Secretary of State assigned plate, rosette rivet, or facsimile of such which has not yet been attached to or has been removed from the original or assigned vehicle. It is an affirmative defense to subsection (a) of this Section that the person possessing, buying, selling or exchanging a plate mylar sticker or label described in this paragraph is a police officer doing so as part of his official duties, or is a manufacturer’s authorized representative who is replacing any manufacturer’s identification number plate, mylar sticker or Federal certificate label originally placed on the vehicle by the manufacturer of the vehicle or any essential part thereof;
(6) A person to knowingly make a false report of the theft or conversion of a vehicle to any police officer of this State or any employee of a law enforcement agency of this State designated by the law enforcement agency to take, receive, process, or record reports of vehicle theft or conversion. (a-1) A person engaged in the repair or servicing of vehicles does not violate this Chapter by knowingly possessing a manufacturer’s identification number plate for the purpose of reaffixing it on the same damaged vehicle from which it was originally taken, if the person reaffixes or intends to reaffix the original manufacturer’s identification number plate in place of the identification number plate affixed on a new dashboard that has been or will be installed in the vehicle. The person must notify the Secretary of State each time the original manufacturer’s identification number plate is reaffixed on a vehicle. The person must keep a record indicating that the identification number plate affixed on the new dashboard has been removed and has been replaced by the manufacturer’s identification number plate originally affixed on the vehicle. The person also must keep a record regarding the status and location of the identification number plate removed from the replacement dashboard. The Secretary shall adopt rules for implementing this subsection (a-1). (a-2) The owner of a vehicle repaired under subsection (a-1) must, within 90 days of the date of the repairs, contact an officer of the Illinois State Police Vehicle Inspection Bureau and arrange for an inspection of the vehicle, by the officer or the officer’s designee, at a mutually agreed upon date and location.”

POSSESSION OF A STOLEN MOTOR VEHICLE – 625 ILCS 5/4-103

Possession of a Stolen Motor Vehicle is a Class 2 felony and can be punishable by up to 5 years in the Illinois Department of Corrections. If you have been charged with Possession of a Stolen Motor Vehicle it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.