Charged with Assault? Advice from an Experienced Chicago Criminal Defense Lawyer

Many people are aware of the legal charge for “assault and battery.” It is term used so often that many people believe you need to have committed both assault and battery to be charged criminally in Illinois. That is not the case. You can be charged solely on the basis of alleged assault.

What Exactly is an Assault?

An assault is a criminal action involving the threat of violence where the victim reasonably feared imminent bodily harm. Specifically, according to the text of 720 Ill. Comp. Stat. § 5/12-1, an assault in Illinois is defined as intentional conduct that reasonably causes an individual to feel afraid of impending violence.

A common example of assault is rushing towards someone with a clenched fist causing that person to reasonably fear that they will be subjected to physical harm. This means you can be charged with assault without ever touching another person.

Because no actual physical contact or harm is required to bring an assault charge, there are many cases where an angry ex-lover, family member, former friend, etc. may accuse you of assaulting them. If, on the other hand, there was actual physical contact between you and another individual, then the crime could escalate to assault and battery.

What is Not Considered Assault?

Words alone are not sufficient to be charged with assault under Illinois law. So, for example, if you jokingly say you are going to knock someone out, that in and of itself is not enough to be charged with assault. However, if you threaten to attack someone and that is accompanied with overtly aggressive behavior (as mentioned earlier, rushing towards someone) then it remains possible to be charged with assault.

Simple Assault Versus Aggravated Assault

There are two types of assault under Illinois law – simple assault and aggravated assault. Simple assault is a misdemeanor in Illinois and generally involves someone making a threat or using bodily contract to try and inflict harm.

More serious acts of assault, including assault with a deadly weapon, are classified as aggravated assault and are felony offenses. Aggravated assault is defined as assault with a deadly weapon.

For example, if you were waving a weapon around and threatening to harm someone, this could be considered a form of aggravated assault. If you are charged with aggravated assault, you could be looking at a class A misdemeanor charge or a Class 4 felony charge, if the incident involved you using a firearm. The Class 4 felony charge is extremely serious since a conviction would require you to serve a lengthy prison sentence, pay large fines and be forced to spend the rest of your life with a felony criminal record.

Serious Penalties Associated with an Assault Conviction in Illinois

If you or a loved one is convicted of committing assault in Illinois, you will be found guilty of a Class C misdemeanor. According to 730 Ill. Comp. Stat. § 5/5-4.5-65, a Class C misdemeanor assault conviction carries the following potential penalties:

• Being ordered to serve up to thirty days in prison;
• Having to pay a monetary fine up to $1500;
• Being ordered to serve probation and community service for up to two years; and/or

Importance of Top-Notch Legal Representation

Getting convicted for misdemeanor assault means that you will now have a permanent criminal record.  This record could haunt you for years down the road and hinder your ability to apply for certain jobs, secure housing, or qualify for specific forms of professional licensure. In addition, if you are convicted of another crime at a later date, a court could actually consider your prior misdemeanor assault conviction and impose a harsher sentence in the new criminal case.

As you can see, the stakes are quite high when you are charged with assault. As a result, you deserve top-notch legal representation; someone who will proudly stand up in court and advocate on your behalf.

A skilled and knowledgeable Chicago criminal defense attorney can provide these services and more.

Charged with Assault in Chicago? Take Action Now by Contacting the Chicago Criminal Law Firm

If you or a family member was charged with the crime of assault then you will greatly benefit from the legal assistance of an experienced and savvy defense attorney from Chicago Criminal Law Firm. Our team of attorneys possess a long and impressive history of success in these types of cases. Our track record of success has generated a plethora of satisfied clients whom we have represented in the past.

Procrastinating or sitting on the fence will do you no good. In fact, waiting to secure representation could actually harm your case. This is why you need to be proactive and contact the Chicago Criminal Law Firm today.

We offer free, confidential case evaluations so that you are able to obtain candid, accurate legal advice without any financial obligation or commitment on your part.