Criminal Defense FAQ with Tomczak Law Group

Understanding the intricacies of criminal defense cases can be daunting and fraught with anxiety. To assist you on this journey, we've carefully assembled this FAQ page to answer your pressing questions about criminal defense law. As experienced professionals in this field, Tomczak Law Group is unwaveringly committed to providing the clarity and guidance you require.

Criminal Defense

Can an aggravated assault charge be reduced in Illinois?

It is possible to have an aggravated assault charge reduced in Illinois under certain circumstances. This often involves negotiating a plea deal with the prosecution, where you may agree to plead guilty to a lesser charge. An experienced attorney is essential in these negotiations to ensure your interests are adequately represented.

What are potential defenses for an aggravated assault charge?

There are several defenses that can be used in an aggravated assault case. These may include self-defense, defense of others, or lack of intent.

A self-defense argument would claim that you acted in response to an immediate threat to your safety. A defense of others argument is similar, but claims you were protecting someone else. Lack of intent means that you did not intend to commit the act you are accused of. The best defense strategy will depend on the specifics of your case.

How can a lawyer help me fight an aggravated assault charge?

A knowledgeable attorney can help in several ways when it comes to fighting an aggravated assault charge.

They can investigate the circumstances surrounding the charge, ensure that your rights were not violated during the arrest, negotiate with the prosecution for a plea deal, or represent you in court if the case goes to trial. An experienced lawyer can also identify legal defenses that may apply to your case, such as self-defense or defense of others.

What are the first steps to take when charged with aggravated assault in Illinois?

If you've been charged with aggravated assault in Illinois, it's important to take immediate steps to protect your rights.

These steps include gathering all the evidence related to the incident, not making any statements to law enforcement without an attorney present, and securing representation from an experienced criminal defense attorney who specializes in assault cases.

How can a criminal defense lawyer defend someone they believe is guilty?

A lawyer's personal belief about a client's guilt or innocence does not affect their duty to provide the best possible defense. They are obligated to protect their client's rights, ensure they receive a fair trial, and challenge the prosecution's evidence, irrespective of guilt.

Isn’t it unethical for lawyers to defend guilty individuals?

No, it is not unethical. In fact, it is a fundamental part of the legal system that everyone has the right to a defense. Lawyers have a duty to represent their clients to the best of their ability, regardless of guilt or innocence.

Why would a criminal defense lawyer defend a guilty person?

Criminal defense lawyers defend guilty individuals to ensure a fair trial, safeguard their rights, and guarantee that the prosecution has met its burden of proof. They also help negotiate plea deals or reduced sentences, and ensure any punishment is proportionate to the crime.

Do criminal defense lawyers defend individuals who are guilty?

Yes, criminal defense lawyers defend individuals regardless of their guilt or innocence. Their job is to ensure their clients' rights are protected, the law is applied correctly, and the prosecution proves its case beyond a reasonable doubt.

Additional Costs of Hiring a Criminal Defense Lawyer

Yes, there can be additional costs when hiring a criminal defense lawyer. These might include court costs, fees for expert witnesses, and costs related to evidence gathering or case investigations.

Do all criminal defense lawyers charge the same way?

No, not all criminal defense lawyers charge the same way. Some charge an hourly rate, while others charge a flat fee for the entire case. Some may also require a retainer fee up front. It's important to discuss and understand the fee structure before hiring a lawyer.

What factors affect the cost of a criminal defense lawyer?

Several factors can affect the cost of a criminal defense lawyer, including the complexity and severity of the charges, the lawyer's experience and reputation, the geographic location, and whether the lawyer charges an hourly rate or a flat fee.

How much does a criminal defense lawyer typically cost?

The cost of a criminal defense lawyer can vary widely based on a number of factors including the complexity of the case, the lawyer's experience, and the region in which you live. Some lawyers charge by the hour, with rates that can range from $100 to over $500 per hour. Others might charge a flat fee, especially for simpler cases.

What happens if I'm falsely accused of aggravated assault?

If you're falsely accused of aggravated assault, it's crucial to hire an attorney who can help clear your name. They can gather evidence, question witnesses, and employ a variety of legal strategies to challenge the charges.

Remember, dealing with an aggravated assault charge can be complicated and stressful. It's crucial to have an experienced attorney who can navigate the legal system and advocate for your rights. Always consult with your attorney before making any decisions regarding your case.

Can mistaken identity be used as a defense?

Yes, if there is a possibility that you were incorrectly identified as the assailant, your attorney may argue mistaken identity. This could involve presenting an alibi or challenging the reliability of eyewitness testimonies.

Can I claim defense of others?

Yes, defense of others can be used if you believed that someone else was in immediate danger, and you intervened to protect them. This is similar to self-defense, but applied to protecting a third party.

How does self-defense work in an aggravated assault case?

If you were protecting yourself from immediate harm, your attorney might argue that you acted in self-defense. However, the force used must usually be proportional to the threat faced, and this defense may not apply if you provoked the confrontation.

What are common defense strategies for aggravated assault?

Common defenses in aggravated assault cases include self-defense, defense of others, defense of property, consent, and mistaken identity. The appropriate defense will depend on the specifics of your case.

How can I address an aggravated assault charge?

If you are facing an aggravated assault charge, it is crucial to seek legal counsel from an experienced criminal defense attorney. They can assess your case, advise you on the best course of action, and represent you in court. Each case is unique, so strategies may vary depending on the circumstances.

What should I do if I or a loved one is charged with drug-induced homicide in Illinois?

If you or a loved one is facing drug-induced homicide charges, it's crucial to seek experienced legal representation as soon as possible. Contact Tomczak Law Group for a free consultation on your case.

Remember, this FAQ provides general information, which may or may not be correct for your specific case. Always consult with a legal professional for advice tailored to your situation.

How can one defend against drug-induced homicide charges in Illinois?

Defending against drug-induced homicide charges requires a comprehensive understanding of Illinois law and an aggressive defense strategy. This might include challenging the prosecution's evidence, questioning the cause of death, or arguing that the accused had no knowledge that the delivery of drugs could lead to the user's death.

What are the penalties for drug-induced homicide in Illinois?

If convicted of drug-induced homicide in Illinois, an individual faces a mandatory minimum sentence of 15 years in prison, with a maximum sentence of up to 30 years. In certain cases, the court may impose an extended term sentence of up to 60 years.

What kind of felony is drug-induced homicide in Illinois?

Drug-induced homicide is classified as a Class X felony in Illinois, which is the most serious class of felonies in the state.

What is drug-induced homicide in Illinois?

In Illinois, drug-induced homicide is when an individual unlawfully delivers a controlled substance to another, and any use of that drug directly causes the death of the user.

Why is it important to have legal representation when charged with involuntary manslaughter in Illinois?

Given the severity of the charges and potential sentences, it's crucial to have experienced legal representation. A skilled attorney can navigate the legal process, protect your rights, and work towards the best possible outcome for your case.

Additional Penalties for Involuntary Manslaughter in Illinois

Yes, in addition to prison time, individuals convicted of involuntary manslaughter can face fines up to $25,000. They may also be ordered to pay restitution to the victim's family.

How is involuntary manslaughter classified under Illinois law?

Under Illinois law, involuntary manslaughter is typically classified as a Class 2 felony. However, in some cases, such as when the victim is a family member, or if the act was performed during a public nuisance, it can be upgraded to a Class 3 felony.

What is the definition of involuntary manslaughter in Illinois?

Involuntary manslaughter in Illinois is defined as unintentionally causing the death of another person through reckless actions or through performing an act likely to cause death or great bodily harm.

What should I look for in a criminal defense lawyer?

When hiring a criminal defense lawyer, it is important to look for someone with experience handling cases similar to yours, a track record of success, and strong communication skills. It is also important to find someone you feel comfortable working with and who you trust to represent your interests in court.

When should I hire a criminal defense lawyer?

If you have been charged with a crime, it is important to hire a criminal defense lawyer as soon as possible. A lawyer can help you understand your legal rights and work to build a strong defense to the charges against you.

What is the role of a criminal defense lawyer in the legal system?

Criminal defense lawyers play a critical role in ensuring that individuals are given a fair trial and that their legal rights are protected. They work to ensure that the prosecution meets the burden of proof required to secure a conviction and can challenge the evidence presented by the prosecution.

What types of cases do criminal defense lawyers handle?

Criminal defense lawyers, like our seasoned team at Tomczak Law Group, expertly manage an array of cases encompassing drug offenses, theft, assault, domestic violence, DUIs, white-collar crimes, and beyond. Leverage our comprehensive legal expertise for effective defense strategies tailored to your unique case

What does a criminal defense lawyer do?

A criminal defense lawyer's primary duty is to advocate for clients facing criminal charges. They provide representation in court, negotiate plea deals, and strive to minimize the impact of criminal charges. Discover how our dedicated criminal defense attorneys at Tomczak Law Group can protect your rights and work towards the best possible outcome for your case

What is a criminal defense lawyer?

A criminal defense lawyer is a legal professional specializing in representing individuals or organizations confronting criminal charges. Learn how our skilled criminal defense attorneys at Tomczak Law Group can provide expert guidance, protection, and strategic representation in navigating your criminal case

Should I speak to an attorney about my accident?

If you have been involved in an accident, you may be wondering if you should speak to an attorney about your options.

There are several signs that can indicate that seeking legal representation may be in your best interest.

For example, if the accident has caused you to miss time from work or incur significant medical bills, you may have a case for compensation. An experienced lawyer can help you navigate the legal process and ensure that your rights are protected. In some cases, insurance companies may try to lowball settlement offers, but an attorney can help you fight for a fair resolution.

If you have been injured in an accident, consider speaking to a personal injury lawyer to learn more about your legal options.

Should I Just Represent Myself?

Many people choose to represent themselves in legal matters, especially in small claims court.

This may be a viable option if the case is straightforward and the person feels comfortable navigating the legal system. However, there are also several downsides to self-representation. First, the law can be complicated, and even minor details can have major consequences. Second, representing oneself takes time and energy that could be spent on other pursuits.

And finally, going up against a lawyer who has years of experience can be daunting.

For these reasons, it's important to weigh the pros and cons of self-representation before making a decision.

Consulting with a lawyer can give you a better idea of whether self-representation is right for your situation.

How Can I Prove Who Is Responsible for My Accident?

It can be challenging to prove who is at fault in a personal injury accident. That's why legal help is always so important—lawyers know the law well and can make sure you don't miss even a piece of evidence that could be relevant.

To prove who is responsible, the main thing you'll need is evidence. If possible, collect: medical records and bills, receipts for repairs to your vehicle, your bike, or other damaged property such as a damaged cell phone, photos or video recordings from the accident scene, the police report (if applicable), witness statements, a journal of the suffering you have endured since the accident, personally, financially, and physically, witness evidence from your family and friends that corroborates what you record in your journal, expert testimony from medical professionals.

Even if you're not sure who is at fault, an experienced lawyer will be able to review the evidence and help you build a strong case.

So if you've been involved in an accident, don't delay in seeking legal representation.

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Over the last 25 years The Tomczak Law Group has been helping people and families in the trial courtrooms of Will, Du Page, Cook, Grundy, Kankakee and LaSalle counties of Illinois.

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If you have been the victim of a personal injury, it is crucial that you have an experienced and trustworthy legal team on your side. At Tomczak Law Group, we take pride in the high-quality legal representation and personalized attention we provide to our clients.

We will work diligently to get you the compensation you deserve. With our experience and resources, we will fight for your rights and get you the best possible outcome. Contact us today for a free consultation.

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When you're in need of an attorney who will fight for your rights, look no further than The Tomczak Law Group.

With offices located throughout Will County and nearby areas including Joliet (just outside Chicago), our team has successfully represented clients across this wide-ranging terrain from criminal defense matters all the way down to personal injury claims--with only one goal: To ensure justice is served!

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