affirmative defense

A summary of the law and penalties for involuntary manslaughter

July 9, 2013
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Illinois courts apply the term involuntary manslaughter to any accidental death that results from the reckless acts of another. Recklessness is the key component of involuntary manslaughter. If the acts causing the death were negligent, then the loss of life would be actionable in a civil courtroom, through a wrongful death lawsuit. The statute penalizing […]

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I got arrested for battery. What are the penalties under Illinois law?

April 18, 2010
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Battery is a criminal offense in Illinois that is classified as a misdemeanor, unless there is serious injury. In cases of serious injury, battery is charged as a felony. Battery is found in the criminal code at 720 ILCS 5/12-3, which provides the following: A person commits battery if he (or she) intentionally or knowingly […]

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Can parents in Illinois get charged with domestic battery for striking their children?

February 21, 2010
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Domestic battery is a serious criminal offense in Illinois. The first offense is a Class A misdemeanor for which the court can sentence the defendant to up to one year in jail and order the defendant to pay a $2,500 fine. Also, the minimum sentence for domestic battery is a conviction that cannot be expunged […]

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I got arrested by an undercover officer. Is that entrapment?

February 1, 2010
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Under Illinois law, a person arrested for a criminal offense when the police have acted deceptively (e.g., undercover) may be able to assert a defense of entrapment.

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