Violent Crimes

What are Violent Crimes?

Violent crimes involve the use or threat of force against another person, ranging from assault misdemeanors to first-degree murder charges that can result in life in prison or the death penalty.

In Illinois, violent crimes encompass the most serious charges in the criminal justice system, including homicide, sexual assault, robbery, kidnapping, and armed violence. These charges can affect anyone - from people acting in self-defense to those falsely accused to individuals who made terrible mistakes - and carry consequences that can destroy lives, families, and futures forever.

The violent crime reality: What starts as a domestic dispute, self-defense situation, or false accusation can quickly escalate into felony charges that threaten decades in prison and permanent destruction of everything you've worked to build - your freedom, your family, your reputation, and your entire future.

Modern violent crime prosecutions use aggressive tactics, extensive resources, and media attention that can convict you in the court of public opinion before you even get to trial. The penalties have become so severe that any violent crime charge requires immediate, experienced defense to protect your life and freedom.

Types of Violent Crime Charges We Defend

Illinois violent crime law encompasses the most serious charges in the criminal justice system, each with unique defenses and life-altering consequences. We defend every type of violent crime case.

Homicide and Murder Charges - 720 ILCS 5/9

The most serious criminal charges with potential life sentences and death penalty consequences.

First-Degree Murder - 720 ILCS 5/9-1:

• 720 ILCS 5/9-1(a)(1) - Intentional killing with premeditation
• 720 ILCS 5/9-1(a)(2) - Knowledge acts will cause death
• 720 ILCS 5/9-1(a)(3) - Felony murder during commission of forcible felony
• 20-60 years to life in prison
• Death penalty eligible in aggravating circumstances

Second-Degree Murder - 720 ILCS 5/9-2:

• Mitigated first-degree murder
• Sudden and intense passion defense
• Unreasonable belief in self-defense justification
• 4-20 years in prison

Involuntary Manslaughter - 720 ILCS 5/9-3:

• 720 ILCS 5/9-3(a) - Reckless acts causing death (Class 3 felony)
• 720 ILCS 5/9-3(b) - DUI causing death (Class 2 felony)
• 720 ILCS 5/9-3(c) - Drug-induced homicide (Class X felony)
• 2-28 years in prison depending on classification

Concealment of Homicidal Death - 720 ILCS 5/9-3.1:

• Class 3 felony for concealing death from violence
• Often charged with murder as alternative theory
• 2-5 years in prison

Sexual Assault and Sex Crimes - 720 ILCS 5/11

Serious felony charges with sex offender registration and lifetime consequences.

Criminal Sexual Assault - 720 ILCS 5/11-1.20:

• 720 ILCS 5/11-1.20(a)(1) - Sexual penetration by use of force
• 720 ILCS 5/11-1.20(a)(2) - Sexual penetration when victim unable to consent
• 720 ILCS 5/11-1.20(a)(3) - Sexual penetration when victim under 18
• Class 1 felony with 4-15 years prison
• Mandatory sex offender registration

Aggravated Criminal Sexual Assault - 720 ILCS 5/11-1.30:

• Sexual assault with weapon or causing bodily harm
• Sexual assault during commission of another felony
• Class X felony with 6-30 years prison
• Natural life possible for repeat offenses

Criminal Sexual Abuse - 720 ILCS 5/11-1.50:

• Sexual conduct by use of force or threat
• Sexual conduct when victim unable to consent
• Class 4 felony with 1-3 years prison
• Sex offender registration required

Aggravated Criminal Sexual Abuse - 720 ILCS 5/11-1.60:

• Sexual abuse with weapon or causing harm
• Sexual abuse of victim under 13
• Class 2 felony with 3-7 years prison

Robbery and Armed Robbery - 720 ILCS 5/18-1

Theft by force charges with enhanced penalties for weapons and injury.

Robbery - 720 ILCS 5/18-1:

• Taking property by use of force or threat of force
• Class 2 felony with 3-7 years prison
• Enhanced penalties for repeat offenses

Armed Robbery - 720 ILCS 5/18-2:

• 720 ILCS 5/18-2(a)(1) - Robbery while armed with dangerous weapon
• 720 ILCS 5/18-2(a)(2) - Robbery while indicating possession of firearm
• 720 ILCS 5/18-2(a)(3) - Robbery causing great bodily harm
• Class X felony with 6-30 years prison

Vehicular Hijacking - 720 ILCS 5/18-3:

• Taking motor vehicle by force from person or presence
• Class 1 felony with 4-15 years prison
• Enhanced penalties for weapons or injury

Aggravated Vehicular Hijacking - 720 ILCS 5/18-4:

• Vehicular hijacking with firearm or causing harm
• Class X felony with 6-30 years prison
• Life sentence possible for repeat offenses

Home Invasion and Burglary - 720 ILCS 5/19-6

Unlawful entry charges enhanced by presence of people and weapons.

Home Invasion - 720 ILCS 5/19-6:

• Unlawful entry into dwelling when person present
• Class X felony with 6-30 years prison
• Enhanced penalties for weapons or injury
• Natural life possible for repeat offenses

Armed Violence - 720 ILCS 5/33A-2:

• Committing felony while armed with dangerous weapon
• Class X felony with enhanced mandatory sentences
• 15 years to natural life depending on underlying felony

Kidnapping and Unlawful Restraint - 720 ILCS 5/10

Confinement and movement charges with severe penalties and federal implications.

Kidnapping - 720 ILCS 5/10-1:

• 720 ILCS 5/10-1(a)(1) - Secretly confining against will
• 720 ILCS 5/10-1(a)(2) - Carrying away by force
• 720 ILCS 5/10-1(a)(3) - Confining by force with intent
• Class 2 felony with 3-7 years prison

Aggravated Kidnapping - 720 ILCS 5/10-2:

• Kidnapping with ransom demand or bodily harm
• Kidnapping while armed with dangerous weapon
• Kidnapping of victim under 13 years old
• Class X felony with 6-30 years prison

Unlawful Restraint - 720 ILCS 5/10-3:

• Restraining another person without consent
• Class 4 felony with 1-3 years prison
• Enhanced penalties for weapons or victim age

Aggravated Unlawful Restraint - 720 ILCS 5/10-4:

• Unlawful restraint with weapon or under 13 victim
• Class 3 felony with 2-5 years prison

Weapons Charges and Armed Violence - 720 ILCS 5/24

Firearm and weapon violations that enhance other charges and carry mandatory sentences.

Unlawful Use of Weapons (UUW) - 720 ILCS 5/24-1:

• 720 ILCS 5/24-1(a)(1) - Carrying concealed deadly weapon
• 720 ILCS 5/24-1(a)(4) - Carrying firearm without FOID
• 720 ILCS 5/24-1(a)(9) - Carrying firearm while hooded
• Class A misdemeanor to Class 4 felony depending on circumstances

Aggravated Unlawful Use of Weapons (AUUW) - 720 ILCS 5/24-1.6:

• UUW while on public property or in vehicle
• Class 4 felony with 1-3 years prison
• Enhanced penalties for repeat offenses

Armed Habitual Criminal - 720 ILCS 5/24-1.7:

• Possessing firearm after two violent felony convictions
• Class X felony with 6-30 years prison
• Mandatory minimum sentences

Aggravated Discharge of Firearm - 720 ILCS 5/24-1.2:

• 720 ILCS 5/24-1.2(a)(1) - Discharging toward person/group
• 720 ILCS 5/24-1.2(a)(2) - Discharging toward vehicle/building
• 720 ILCS 5/24-1.2(a)(3) - Discharging on/near school grounds
• Class 1 felony with 4-15 years prison

Domestic Violence and Family Crimes

Enhanced violent crime charges involving family and household members.

Domestic Battery - 720 ILCS 5/12-3.2:

• Battery against family or household member
• Class A misdemeanor with enhanced penalties for repeats
• Becomes Class 4 felony for second offense
• Class 2 felony for third offense

Aggravated Domestic Battery - 720 ILCS 5/12-3.3:

• Strangulation of family/household member
• Great bodily harm to family member
• Class 2 felony with 3-7 years prison
• Enhanced penalties and mandatory minimums

Violation of Order of Protection - 720 ILCS 5/12-3.4:

• Class A misdemeanor for first violation
• Class 4 felony for subsequent violations
• Enhanced penalties for violent violations

Gang Violence and Organized Crime - 720 ILCS 147

Enhanced charges for violent crimes committed in furtherance of gang activity.

Criminal Street Gang Activity - 720 ILCS 147/15:

• Violent crimes committed for gang benefit
• Enhanced penalties beyond underlying offense
• RICO-style conspiracy implications

Mob Action - 720 ILCS 5/25-1:

• Violence by two or more persons acting together
• Class 4 felony with enhanced penalties
• Gang enhancement possibilities

Hate Crimes and Bias-Motivated Violence - 720 ILCS 5/12-7.1

Enhanced penalties for violent crimes motivated by bias against protected groups.

Hate Crime Elements:

• Violence motivated by bias based on race, religion, sexual orientation
• Enhanced classification of underlying offense
• Federal hate crime coordination possible
• Extended penalties and consequences

Stalking and Harassment - 720 ILCS 5/12-7.3

Pattern-based violent crime charges involving repeated threatening conduct.

Stalking - 720 ILCS 5/12-7.3:

• Following and harassing conduct causing fear
• Class 4 felony with 1-3 years prison
• Enhanced penalties for repeat offenses

Aggravated Stalking - 720 ILCS 5/12-7.4:

• Stalking in violation of protective order
• Stalking with weapon or bodily harm threat
• Class 3 felony with 2-5 years prison

Cyberstalking and Technology-Based Violence - 720 ILCS 5/12-7.5

Modern violent crime charges involving electronic harassment and threats.

Cyberstalking Elements:

• Electronic harassment causing emotional distress
• Technology-based threatening communications
• Class 4 felony with enhanced penalties

Our Comprehensive Defense Strategy

Every violent crime case is different, but our approach combines aggressive constitutional challenges with self-defense claims and mitigation that protects your freedom and fights for your life.

As a former DuPage County prosecutor who handled thousands of violent crime cases, I know how the system works and what it takes to win the most serious cases. We use that insider knowledge to build defenses that protect our clients' lives and freedom.

Our approach: Challenge every aspect of the prosecution's case while building strong self-defense and justification arguments that show your actions were reasonable, or that you didn't commit the crime at all.

18-Point Comprehensive Violent Crime Defense Strategy

1. Immediate Self-Defense and Justification Analysis

• Self-defense evaluation - reasonable belief and imminent threat analysis
• Defense of others - protection of family members and third parties
• Defense of property - home and business protection rights
• Stand your ground - no duty to retreat circumstances

2. Constitutional and Evidence Suppression

• Fourth Amendment violations - illegal searches and seizures
• Miranda violations - improper interrogation and confession suppression
• Due process challenges - procedural violations and constitutional errors
• Right to counsel - violations of representation rights

3. Identity and Alibi Defenses

• Mistaken identity - challenging eyewitness identification
• Alibi evidence - proving you were elsewhere when crime occurred
• DNA challenges - contamination and false matches
• Video analysis - challenging surveillance identification

4. Mental Health and Capacity Defenses

• Insanity defense - mental illness affecting criminal responsibility
• Diminished capacity - mental impairment affecting intent
• Competency evaluation - fitness for trial proceedings
• PTSD and trauma - impact on perception and behavior

5. Domestic Violence Specialized Defenses

• Mutual combat - both parties as aggressors
• Victim recantation - working with cooperative alleged victims
• False accusation - motive to lie in custody and divorce cases
• Self-defense in relationships - battered person syndrome

6. Sexual Assault Defense Strategies

• Consent defenses - proving consensual sexual activity
• False accusation challenges - motive to lie and credibility attacks
• DNA and physical evidence - challenging forensic conclusions
• Prior relationship evidence - pattern of consensual contact

7. Homicide Defense Techniques

• Second-degree murder - reducing charges through provocation
• Manslaughter defenses - negating premeditation and intent
• Medical causation - challenging cause of death determinations
• Alternative perpetrator - identifying real killer

8. Robbery and Theft Defense Methods

• Lack of force - challenging robbery elements
• Identity challenges - mistaken identification in masked crimes
• Necessity defenses - emergency and duress situations
• Property ownership - taking your own property

9. Weapons Charges Defense

• Constitutional challenges - Second Amendment rights
• FOID card defenses - valid registration and permits
• Constructive possession - challenging knowledge and control
• Emergency exceptions - self-defense necessities

10. Gang and Organized Crime Defenses

• Association challenges - proving lack of gang membership
• Benefit analysis - negating gang enhancement elements
• Conspiracy defenses - challenging agreement and participation
• Individual action - personal vs. gang-motivated conduct

11. Forensic Evidence Challenges

• DNA analysis - contamination and interpretation challenges
• Ballistics evidence - firearm and bullet matching disputes
• Medical evidence - challenging injury patterns and causation
• Expert witness - independent forensic evaluation

12. Witness Credibility Attacks

• Prior inconsistent statements - contradictions in testimony
• Bias and motive - reasons to lie or cooperate
• Criminal history - impeachment through prior convictions
• Plea agreements - cooperation deals affecting testimony

13. Technology and Digital Evidence

• Cell phone evidence - location data and communications
• Social media posts - context and authentication challenges
• Video evidence - timing, quality, and identification issues
• Digital forensics - challenging computer and phone analysis

14. Medical and Injury Analysis

• Injury patterns - challenging prosecution theories
• Medical causation - alternative causes for injuries
• Treatment records - medical evidence supporting defense
• Expert medical testimony - independent medical evaluation

15. Prosecution Misconduct Challenges

• Brady violations - failure to disclose exculpatory evidence
• Prosecutorial overreach - inappropriate charging decisions
• Media misconduct - prejudicial publicity and statements
• Discovery violations - failure to provide evidence

16. Jury Selection and Trial Strategy

• Jury selection - identifying favorable jurors for violent crimes
• Opening statements - setting defense narrative early
• Cross-examination - destroying prosecution witnesses
• Closing arguments - reasonable doubt and alternative theories

17. Sentencing Mitigation and Alternative Outcomes

• Mitigation investigation - life history and character evidence
• Mental health treatment - therapeutic alternatives to prison
• Family impact - showing consequences to innocent family
• Plea negotiations - reducing charges and sentences

18. Post-Conviction and Appeals

• Appeal preparation - constitutional and procedural challenges
• Post-conviction petitions - ineffective assistance claims
• Sentence modification - seeking reduced penalties
• Clemency and pardons - executive relief options

The comprehensive advantage: Violent crime defense requires attacking every aspect of the prosecution's case while building strong justification defenses that show your actions were reasonable and lawful, or proving your innocence entirely.

Why Choose McMahon Law Offices for Your Violent Crime Defense

Violent crime defense requires attorneys with the experience, knowledge, and commitment to fight for your life and freedom in the most serious cases.

Former Prosecutor Insider Knowledge

During my decade as a DuPage County prosecutor, I handled thousands of violent crime cases and learned exactly how the system works. I know:

• How prosecutors build murder, sexual assault, and robbery cases
• What evidence police need to prove intent and premeditation
• Which judges are sympathetic to self-defense and which favor prosecution
• How to negotiate life-saving plea agreements in serious cases
• What it takes to win the most serious violent crime trials

Proven Track Record of Results

Over 1,000 violent crime cases defended with life-saving results:

• Dismissals through constitutional challenges and evidence suppression
• Acquittals at trial through self-defense and reasonable doubt
• Charge reductions from murder to manslaughter, felonies to misdemeanors
• Life sentences avoided through aggressive mitigation and negotiation
• Death penalty defense with experienced capital case strategies

Comprehensive Legal Team

Our team includes:

• Former prosecutor with insider knowledge of violent crime prosecution
• Former judge understanding court procedures and sentencing
• Expert witnesses in forensic science, medical evidence, and psychology
• Private investigators for witness location and evidence development
• Mitigation specialists for life history and character evidence

24/7 Availability and Immediate Response

Violent crime cases require immediate action:

• 24/7 availability for emergency consultations and arrests
• Immediate response to preserve evidence and witnesses
• Same-day jail visits and bond hearings
• Emergency motions for evidence suppression and release

Client-Centered Approach

Every case receives:

• Personal attention from experienced attorneys who understand the stakes
• Regular communication with you and your family during this difficult time
• Honest assessment of case strengths, weaknesses, and realistic outcomes
• Strategic planning tailored to your specific case and circumstances
• Compassionate support for you and your family throughout the process

Our commitment: We fight every violent crime case with the same intensity and dedication, because we understand that your life and freedom depend on the outcome.

Our Philosophy and Commitment

We believe that everyone deserves aggressive defense in violent crime cases, regardless of the charges or evidence against them.

At McMahon Law Offices, we believe:

• Everyone deserves a defense - no matter how serious the charges or how bad the evidence looks
• Self-defense is a fundamental right - people have the right to protect themselves and their families
• False accusations happen - people lie about violence for money, revenge, and personal gain
• Good people make terrible mistakes - one moment of violence shouldn't destroy an entire life
• Mental illness affects behavior - psychological conditions impact criminal responsibility
• Constitutional rights matter - police and prosecutors must follow the law
• Life has value - everyone deserves a chance at redemption and rehabilitation

We fight not just for legal victories, but for outcomes that save lives and preserve the possibility of redemption and rehabilitation.

The comprehensive reality: Illinois violent crime law includes the most serious charges in the criminal justice system. Each type requires specialized defense strategies that can mean the difference between life and death, freedom and decades in prison.

Immediate Action Steps

Violent crime cases have critical deadlines and evidence that disappears quickly - immediate action can mean the difference between life and death.

What to Do RIGHT NOW:

• Contact an attorney immediately - violent crime cases move quickly with evidence that disappears
• Don't discuss your case with anyone except your lawyer - including family and friends
• Preserve all evidence - clothing, weapons, medical records, witness information
• Document your injuries - photograph all injuries you sustained in any altercation
• Identify witnesses - anyone who saw what really happened or knows your character

What NOT to Do:

• Don't talk to police without an attorney present - anything you say will be used against you
• Don't assume you're guilty because someone died or was seriously hurt
• Don't contact alleged victims or their families - this creates new charges
• Don't discuss the case on social media or with anyone
• Don't hire an inexperienced attorney - your life depends on quality representation

Critical Deadlines:

• 24-48 hours to preserve video evidence before deletion
• 21 days to file motions challenging evidence and statements
• 30 days for various constitutional challenges
• Bond hearings require immediate preparation and strategy

Your life depends on immediate action - call us now at 630-953-4400 before critical evidence disappears and witnesses forget what really happened.

Frequently Asked Questions

Get essential information about violent crime charges and what to expect from the legal process.

About Violent Crime Charges

Q: Can I claim self-defense if someone died?
A: Yes - self-defense can apply even in homicide cases when you reasonably believed your life was in danger and used reasonable force to protect yourself.

Q: What if I was defending my family?
A: Defense of others is a complete justification for violence when you reasonably believe someone else is in imminent danger of death or great bodily harm.

Q: Will I get the death penalty?
A: The death penalty is rare and only applies to first-degree murder with specific aggravating factors. We have extensive experience in capital defense.

Legal Process

Q: What happens at my first court date?
A: Arraignment where charges are read and you enter a plea - always plead not guilty to preserve all defense options and rights.

Q: Can I get bond in a murder case?
A: Bond is possible in many violent crime cases with proper preparation and evidence showing you're not a flight risk or danger.

Q: How long does a violent crime case take?
A: Serious violent crime cases typically take 1-2 years or longer, especially cases going to trial.

Consequences

Q: Will I go to prison for life?
A: Not necessarily - many violent crime cases result in reduced charges, plea agreements, or acquittals with experienced representation.

Q: What about my family?
A: We understand violent crime charges affect entire families. We work to minimize impact and keep families together when possible.

Q: Can these charges be reduced?
A: Yes - we often negotiate murder down to manslaughter, felonies to misdemeanors, and achieve other significant charge reductions.

Facing violent crime charges? Call us immediately at 630-953-4400 for aggressive defense that fights for your life and freedom.

Related Resources

Violent crime defense requires understanding complex laws, constitutional rights, and life-saving defense strategies across multiple areas.

Internal Links:

• DuPage County Criminal Defense Overview
• Assault & Battery Defense
• Domestic Violence Defense
• About Attorney Michael McMahon

Understanding your rights, self-defense laws, and available defenses is crucial when facing any type of violent crime charge.

Contact McMahon Law Offices

When violent crime charges threaten your life and freedom, you need attorneys who understand that every life has value and everyone deserves aggressive defense.

Comprehensive Violent Crime Defense for All Charges

When you're facing any type of violent crime charge in DuPage County, you need attorneys who understand that your life and freedom are at stake. We've defended over 1,000 violent crime cases, including murder, sexual assault, robbery, and armed violence, and we know what it takes to save lives and win freedom.

Call Now: 630-953-4400

Email: [info@mcmahonlegal.net](mailto:info@mcmahonlegal.net)

Visit: 2150 McDonald Drive, Oak Brook, Illinois, 60523

Available 24/7 for emergency legal assistance

Don't let violent crime charges destroy your life, freedom, and future. Our experienced DuPage County criminal defense attorneys know how to fight the most serious charges and prove that your actions were justified, or that you didn't commit the crime at all.

Get Your Free Case Evaluation Today