Batavia Criminal Defense Lawyers
Helping Individuals in Batavia Defend Against Criminal Charges in Court
When you are facing serious criminal charges, you may have no idea what you’re up against. The repercussions of a criminal conviction could follow you for many years after, and possibly even for the rest of your life. A criminal conviction on your record can make it much harder for you to find sustained employment, get your degree, or find an apartment to lease–especially since online criminal background checks are becoming more and more prevalent. Having a legal team that is adept at handling a broad range of criminal cases may be your best bet in helping to absolve you from your charges. Even if you are ultimately found guilty or convicted of a criminal offense, a skilled attorney representing you at a sentencing hearing may result in the court imposing a lighter penalty.
These are only some of the reasons why you should get in touch with our firm as soon as possible after an arrest. Martin & Kent, L.L.C. knows that facing criminal charges is stressful, and our defense attorneys are on hand to answer any questions you might have about the criminal process. When you retain the experienced legal team at Martin & Kent, L.L.C., you can be secure in the knowledge that your criminal case is getting the attention it deserves and that we are pursuing the best possible result on your behalf. Contact us to learn how we may help in your case.
Handling Many Types of Criminal Cases
Each criminal case in Batavia, Illinois, is different. Prosecutors issue a wide array of criminal charges on a daily basis, and the following are some statistics regarding crime reports in Batavia for a single year:
- Total Crimes: 416
- Criminal homicide: 0
- Rape 6
- Robbery: 5
- Aggravated battery/assault: 25
- Burglary: 23
- Theft: 346
- Motor vehicle theft: 3
- Arson: 8
Any type of criminal charge is serious, whether it is for shoplifting or murder. Even if a charge does not seem serious, you can still face lasting consequences and you need the right defense representation.
We center our practice on building strong and aggressive defense approaches towards your case. The reason we do this is that it is the best way to protect our clients’ legal rights. The tougher we are against your prosecution, the better your chances are. Prosecutors can be ruthless, and we know this because we have also worked as former prosecutors. Prosecutors also have a tendency to “over-charge” in criminal cases. They have no problem hitting you with the most serious charge available to them under the law. When it comes to your criminal case, we can counter any argument they may try to use.
Some of the charges we fight include:
- Murder – The state of Illinois can charge you with two kinds of murder – first-degree murder or second-degree murder. Of these, first-degree murder is the more serious charge. The accused can be charged with first-degree murder if he or she kills someone and does not have any legal justification, such as self-defense or some other legal defense. A person can also sustain a first-degree murder charge if they kill someone during the commission of a dangerous felony, such as during a robbery. Aggravating factors, such as in cases where the alleged victim of the murder is a police officer, can result in a court imposing a stiffer penalty. The accused commits the crime of second-degree murder if he or she acts in the “heat of passion” or if the accused kills another person under the mistaken belief that the accused had the right to do so.
- DUI – A DUI is also commonly known as driving under the influence of alcohol or drugs. In the case of alcohol, for example, a person may not operate a motor vehicle if he or she has a blood alcohol concentration (BAC) of 0.08 percent or higher. If a driver violates this law, the police may arrest the driver for DUI. An Illinois driver may also be arrested for DUI if the officer determines that the driver is under the influence of alcohol. When determining whether or not a particular driver is intoxicated, police officers will look to various stimuli, including red eyes, slurred speech, and uncoordinated movements, for example.
- Traffic violations – Traffic violations can include civil infractions, such as payable fines and speeding tickets, which do not ordinarily require a court appearance, as well as must-appear fines. If the traffic charge you are facing is a “must-appear” charge, the time and date of the court hearing will typically appear on the ticket or violation notice.
- Burglary – Burglary crimes in the State of Illinois are crimes against property. In order for the police to arrest an individual for burglary, he or she must have broken and entered a structure while intending to commit some crime inside the structure. If the accused entered the structure believing that he or she owned the structure, or the accused did not otherwise harbor the necessary criminal intent, then the accused may be able to raise a valid defense which could result in a complete dismissal of the burglary charge.
- Drug crimes – Illinois drug crimes typically involve possession or distribution charges. If the accused possesses an extraordinarily large amount of a controlled substance, the law presumes that the accused was not intending to use the substance just for himself or herself. Rather, the assumption is that the accused intended to sell or distribute the drug.
- Carrying a concealed weapon – Although under the federal constitution, people have a Second Amendment right to keep and bear arms, that right is not without its limitations. Specifically, people are not allowed to possess or carry firearms without having the necessary licenses and permits. Otherwise, they can be subject to arrest and other criminal consequences.
- Juvenile crimes – Like adults, juveniles may face serious criminal charges. Many juvenile criminal charges are similar to adult charges. However, the law takes into account a juvenile’s relative immaturity and lack of appreciation for the consequences. Juvenile matters, therefore, are handled in their own courts and, in most instances, the penalties imposed for a juvenile conviction are less serious than what an adult would face if a court convicted him or her of the same crime. In the juvenile court system, the focus is less on punishing the juvenile and more on rehabilitation and helping the juvenile learn from his or her mistakes.
- Sex crimes – Sex crimes are serious business and include the various degrees of rape, indecent exposure, sexual assault, rape, and sex crimes involving minors, such as possessing child pornography. In addition to fines, jail time, and other serious penalties that a judge may impose upon conviction, the accused may be required to register as a sex offender online. State and federal sex offender registries are lifetime registries and are viewable by the public at large for safety reasons. If the accused fails to timely register as a sex offender, he or she can face additional criminal charges.
These charges can mean misdemeanor or felony convictions and may have additional penalties added on, depending on the circumstances. For example, if you have a history of prior criminal convictions—especially for the same criminal offense with which you are currently charged—you will likely face harsher penalties than you ordinarily would.
When it comes to these and other criminal charges, the state prosecutor has the burden of proof. This means that in order to obtain a conviction against you, the prosecutor must be able to prove each and every element of the crime for your specific charges. If even one of these criminal elements is lacking, the court may drop the case against you. In some instances, this might even result in a complete dismissal of your criminal case.
Protecting yourself from a conviction should be your first priority, which is why you need our firm. Our team of Batavia criminal defense attorneys is determined to help you keep your reputation and your future intact and will do everything necessary to safeguard your rights and defend you in your criminal case.
Put Your Case in Capable Hands
Our firm has built a reputation throughout Illinois for consistently providing excellent legal services. We have received a 10.0 rating of Superb from Avvo and received the Client Satisfaction Award for 2014 as one of the 10 best firms from the American Institute of DUI/DWI Attorneys. With our years of experience, we have a relentless team devoted to getting your case resolved on your behalf.
When you’re ready, trust the firm that can fight your criminal charges fiercely. Give Martin & Kent a call today!