Chicago Assault Attorneys
Providing a Solid Legal Defense Against Assault Charges
If you were charged with assault in Illinois, you might be anxious about what happens next. Depending on the circumstances of your case, you could be facing either a misdemeanor or a felony, which could result in jail time and fines upon conviction. If you’re worried about your future as your case begins, you should reach out to a criminal defense attorney for legal representation.
When you hire Abdallah Law to defend you from serious charges, you will have a caring, knowledgeable legal team by your side as you navigate the Illinois legal system. If you’re ready to learn how our skilled lawyers can protect you from severe penalties, call our Chicago law firm for a free case review.
How Is Assault Defined in Illinois?
In Illinois, simple assault occurs when someone intentionally and without permission causes another individual to reasonably fear physical contact that could cause bodily harm. In most cases, assault does not involve actual physical contact, as threatening words and gestures are sufficient to result in this charge.
So, if the alleged victim says you yelled that you were going to beat them up and advanced toward them with a raised fist, and this caused them to fear they’d be punched, this is considered assault. Similarly, if you tried to hit or otherwise physically harm the person but missed, you could be charged with assault.
If you held a deadly weapon while threatening the alleged victim, you could face the more serious charge of aggravated assault. This is an assault committed under the circumstances of aggravation. The elements mentioned above and an aggravating factor must be present, such as using a gun, knife, or bat during the commission of the assault. You could also be charged with aggravated assault if you allegedly threatened someone with protected status, such as a police officer, teacher, peace officer, fireman, nurse, disabled person, or senior citizen.
Simple assault is a Class C misdemeanor, while aggravated assault can range from a Class 4 to a Class 3 felony in Illinois. Either way, these are very serious criminal charges that may result in jail time. So, whether you have been charged with misdemeanor assault or felony assault, you should let one of our skilled assault attorneys assist you in getting the best possible outcome for your Illinois assault case.
What Is the Difference Between Assault and Battery in Illinois?
It’s common for people to talk about assault and battery as if they’re always committed together, but the fact is that these are two separate crimes according to Illinois law. This means you could be charged with one and not the other, depending on the actions you’re accused of taking.
While assault involves threatening gestures and words that can cause fear, battery involves physical violence that often causes bodily harm. So, if you threatened someone verbally and then hit them, you could be charged with assault and battery. On the other hand, if you approached someone and immediately caused them physical injury before they had time to feel any reasonable apprehension, you could be charged with battery alone.
Legally speaking, a person commits battery if he intentionally or knowingly without legal justification and by any means:
- Causes bodily harm to an individual or
- Makes physical contact of an insulting or provoking nature with an individual
Battery is usually a Class A misdemeanor. However, it becomes a more serious charge if certain aggravating factors are present. For example, if you’re accused of intentionally or knowingly causing great bodily harm, permanent disability, or disfigurement, you could be charged with aggravated battery.
The same is true if you concealed your identity or used a deadly weapon while committing battery. In addition, if your alleged victim was part of a protected class – such as a peace officer, doctor, fireman, or someone age 60 or older – you could be charged with aggravated battery. This crime can range from a Class 3 felony to a Class 1 felony in Illinois.
Criminal battery is a serious offense that can result in jail time, so it is imperative to hire a criminal defense attorney who is aggressive in asserting your rights and getting your side of the story straight in front of the court. Many times, the law enforcement officer does not know who the initial aggressor was and charges the wrong person. In these instances, it’s essential to hire a criminal battery lawyer to assert the right to self-defense. Contact our Chicago law firm today to speak with an assault and battery lawyer about your case.
What Happens If You’re Convicted of Assault in Illinois?
If you’re convicted of assault in this state, you could face a range of criminal penalties. For example, you could be sentenced to up to 30 days in jail and a fine of up to $1,500 for a Class C misdemeanor. Even if you’re able to avoid jail for a first offense, the judge will likely order you to perform 30 to 120 hours of community service, assuming this punishment is funded and approved by the county board of the county where you allegedly committed assault.
The penalties for an aggravated assault charge are harsher than for simple assault, depending on whether you’re charged with a felony or misdemeanor. You could be charged with a Class A misdemeanor for committing assault against a protected victim or in a specific location – such as on public property, at a sports venue, or at a church. You could face the same charge for concealing your identity, using a deadly weapon, or assaulting a family member or household member, which is considered domestic violence. If convicted, you could be sentenced to up to one year in jail and up to $2,500 in fines.
You could also face felony criminal charges for aggravated assault, depending on the circumstances. For example, your aggravated assault charge could be a Class 3 felony if you allegedly discharged a gun from a vehicle. If convicted, you could be sentenced to two to five years in prison and up to $25,000 in fines.
Some aggravated assault allegations are Class 4 felony charges. This could be the case if the assault victims are part of a certain protected class or you’re accused of discharging a deadly weapon when you committed an assault. This could result in one to three years in prison and fines up to $25,000.
These criminal penalties are separate from civil penalties, which could include a civil lawsuit from your victims. After all, this state allows victims of assault to sue aggressors to recover compensation for any losses they’ve endured. This means you could end up owing the victim money to help compensate for their medical bills, lost wages, emotional distress, and any other damages you could be held liable for due to your alleged crime.
If you’re worried about the possible penalties of being convicted of your assault charge—such as fines, time in prison, and an assault or battery lawsuit—you should talk to a skilled criminal defense attorney. A lawyer with extensive experience handling criminal cases like yours can provide the best defense possible, so contact our law office today.
How Can Our Chicago Assault Attorneys Help You?
At Abdallah Law, our team has fought and won countless criminal cases for clients throughout Cook County. Whether you’ve been accused of assault, battery, domestic violence, sexual abuse, or another serious crime, we have the in-depth legal knowledge and experience to strategize a suitable criminal defense angle that’s unique to your case.
We understand how devastating it is to be accused of serious criminal offenses, from assault and battery to domestic violence and sexual abuse. That’s why you can trust us to do everything possible to avoid a conviction in your case. If you’re ready to get some peace of mind from a defense lawyer well-versed in criminal law in Illinois, call 312-300-2028 for a free consultation.