“Assault and battery.” You’ve probably heard this phrase on shows about law enforcement or violent crimes.

These two terms are paired together so often that they almost sound like the same crime. The truth about assault and battery in Illinois may come as a surprise to you, though. One of these crimes is more “serious” than the other.

At first glance, “assault” appears to be the more serious of the two crimes. You may have heard “assault” used to reference a standalone crime, or used in terms like “sexual assault” or “aggravated assault.”

Illinois does not see assault and battery in this way. While both are violent crimes that may come with jail time, a battery crime is more serious.

Assault Vs. Battery in Illinois

Illinois law defines assault as an event when a person “knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.”

Battery crimes are defined as events when a person “causes bodily harm to an individual or makes physical contact of an insulting or provoking nature with an individual.”

Look at it this way. If you are threatening to beat up someone across the room, you may be charged with assault. Actually follow through on your threats, though, and the moment you lay a hand on the other person, battery charges may be filed.

Illinois Law and Aggravated Assault

Violent crimes in Illinois are categorized by whether they are “simple” or “aggravated.” An aggravated assault crime occurs when aggravating factors are present. If none are present, the alleged offender is simply charged with assault.

So what are aggravating factors according to Illinois law?

• Committing assault in a public place, including a sports venue, place of worship, school, or amusement park
• The victim has a physical disability, is over the age of 60, is a teacher or public official performing their official duties
• A firearm, dangerous weapon, or motor vehicle is used in the crime
• Records the incident with the intent of destroying the recording

For example, threatening an off-duty state employee may result in an assault charge. If that state employee is at work and performing their duties at the time of the assault, the charge may be elevated to aggravated assault.

Aggravated Battery in Illinois

Remember that when an assault is “complete,” the incident is no longer classified as “assault” but battery instead.

While the same aggravating factors are in play when an assault is “completed,” there are other aggravating factors associated specifically with battery crimes. Charges can also be bumped from battery to aggravated battery when:

• The victim suffers from great bodily harm, permanent disability, or disfigurement
• Strangulation occurs
• The victim is pregnant, has an intellectual disability, or is under the age of 13

Attempting to shoot someone, strangling someone, or causing serious damage to a victim are all examples of an aggravated battery crime.

Illinois Domestic Battery Cases

In addition to battery charges and aggravated battery charges, offenders may face domestic battery charges under certain circumstances.

When the victim is a household or family member of the alleged offender, the battery becomes classified as a “domestic battery” crime. The same aggravating factors above also apply to domestic battery cases.

If, for example, the battery is conducted in the presence of a child, additional penalties will be added to the offender’s sentence. Prior convictions will also play a part in sentencing when a case is considered a domestic batter one.

Charges and Penalties for Assault and Battery in Illinois

The ways assault and battery crimes are penalized vary widely. A conviction on these types of crimes can result in penalties ranging from community service only all the way up to 60 years in an Illinois prison.

Assault and Aggravated Assault

While an assault is generally charged as a Class C misdemeanor (penalties for which include 30-120 hours of community service), an aggravated assault conviction carries penalties based on the aggravating factors.

Aggravated assault on public property, for instance, is a Class A misdemeanor and could result in a year in jail. If the victim is a private security guard, however, the same incident could be charged as a Class 4 felony. In this case, a conviction could mean three years in prison.

Another example, discharging a weapon, especially against a public official, is a Class 3 felony; penalties include up to five years in prison.

Moreover, fines may also be assessed for offenders convicted on any of these charges.

Battery, Domestic Battery, and Aggravated Incidents

Battery and domestic battery are both considered Class A misdemeanors, while aggravated battery charges begin at a Class 3 felony.

If the victim is a family or household member, the charge begins at a Class 2 felony. And depending on the aggravating factors present, an aggravated battery charge can reach up to a Class X felony.

Penalties will depend on the specific circumstances surrounding your case, but aggravating factors could bring sentencing up to a 60-year maximum behind bars.

Defending Against Assault and Battery Charges in Illinois

The distinction between assault, battery, and their aggravated counterparts could help you if you have been charged with a crime.

A criminal defense lawyer may suggest that you argue against the presence of aggravating factors, which can lessen your criminal charges and the possible penalties. Reach out today to learn how you can get the best deal in court tomorrow.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

That’s nearly where the similarities between these crimes end…at least in the eyes of Illinois law. Although the consequences for either assault or battery are severe, they are prosecuted differently.

If you are facing assault or battery charges, it’s important to understand the legal distinction between these two offenses so that you know what you’re up against.

So we’ve put together a guide covering the difference between assault and battery, how the laws work, and the consequences you could face if convicted.

Assault and Battery in Illinois: What is the Difference?

Assault and battery are two separate acts — there is no such charge as “assault and battery” in this state.

In short, the crime of battery is defined as causing bodily harm to the victim, while assault is defined as threatening to cause the victim bodily harm or attempting to do so. Let’s dive a bit deeper into each definition.

How Illinois Defines a Battery Crime

A battery crime is committed when the offender causes bodily harm to the victim or makes physical contact of an insulting or provoking nature with the victim. For this to be considered a criminal act, the offender must act intentionally or knowingly and without legal justification.

What Illinois Law Says About Simple Assault

An assault occurs when the offender intentionally threatens bodily harm to the victim, including battery, homicide, kidnapping, and sex offenses. An incomplete battery (for example, taking aim at the victim with a weapon) could also be considered assault.

Importantly, you do not need to make physical contact with the victim in order to be charged with assault. In fact, in most cases, the charge of assault is pressed in the absence of any physical contact. All that’s required for the charge of assault to apply is a credible threat of bodily harm.

Illinois Assault Sentencing and Penalties

Simple assault is a Class C misdemeanor, punishable by jail time up to 30 days, a fine up to $1,500 or both. Alternatively, the defendant can be sentenced to 30-120 hours of community service. These penalties increase if the defendant has a prior criminal record of violent crime.

Under the following circumstances, the charge can be elevated to aggravated assault:

• Use of a firearm or deadly weapon
• Use of an explosive device
• The victim was a protected person such as a peace officer or child

Aggravated assault is either a Class A misdemeanor or Class 4 Felony, punishable as follows:

• Class A misdemeanor: Imprisonment for one year and/or a fine of up to $2,500
• Class 4 felony: Imprisonment for 1-3 years in prison and a fine up to $25,000

Illinois Battery Sentencing and Penalties

Simple battery is a Class A misdemeanor punishable by up to one year in prison and a fine up to $2,500. The charge can be elevated to an aggravated battery under the following circumstances:

• When the victim suffers severe bodily injury, disfigurement, or permanent disability
• If the defendant used a firearm, deadly weapon, or explosive during the offense
• The victim was a protected person such as a peace officer or child

In most cases, aggravated battery is a Class 3 felony, but it can be elevated to a Class 2, Class 1 or Class X felony if one or more aggravating factors are present, or under other circumstances that meet enhanced sentencing guidelines.

The prison terms for aggravated battery are as follows:

• Class 3 felony: 2-5 years
• Class 2 felony: 3-7 years
• Class 1 felony: 5-15 years
• Class X felony: Up to 30 years

The bottom line is that any and all charges of assault or battery should be taken very seriously, and met with proactive action to fight back and beat the charges against you.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Aggravated battery charges are even more serious than simple assault and battery. While simple battery often garners a misdemeanor charge, and penalties (at least on the first offense) are typically punished by probation, aggravated battery is always a felony which rarely doesn’t land an offender jail time upon conviction.

Some forms of aggravated battery are open to interpretation, but there are particular actions that will result in an automatic aggravated battery charge.

Hitting (striking) a minor is one of them. You will automatically face an aggravated battery charge regardless of other mitigating circumstances, or of whether the alleged victim was seriously injured or not.

Let’s take a look at assault and battery charges in Illinois, and the circumstances that can elevate them to aggravated battery.

Illinois Assault and Battery Defined

Assault and battery are two related crimes, and are often referred to interchangeably. However, in Illinois, they refer to two separate but related offenses.

Battery is defined as the following:

• Causing bodily harm to another individual
• Insulting, provocative or unwanted physical contact with another individual

On the other hand, assault is defined as “conduct which places another in reasonable apprehension of receiving a battery.”

In other words, “battery” is actual violent or offensive physical contact with a victim, while assault can simply be the threat of this action.

Aggravated Battery in Illinois

Under certain circumstances, the charge of battery can be elevated to aggravated battery. The most common cases include instances where:

• Battery is committed against a child
• Great bodily harm, disfigurement or permanent disability results
• There was the use of a firearm or deadly weapon
• There was the use of an explosive device
• The offender wears a mask or hood to conceal his or her identity
• Or when battery is committed against a police officer

When we talk about some of these circumstances being “open to interpretation,” we mean there are elements of a given crime which are subjective. For example, the definition of “great bodily harm” is debatable.

On the other hand, clear-cut aggravating factors such as committing the offense against a child or other protected person will land you with an aggravated battery charge no matter what.

How Illinois Handles Aggravated Battery Sentencing and Penalties

Aggravated battery sentencing and penalties depend on the severity of the battery committed, and class of the alleged victim:

• Aggravated battery against a non-protected individual: Class 3 Felony punishable by 1-3 years in prison and fines up to $25,000
• Battery against a police officer, firefighter, or correctional officer: Class 2 Felony punishable by 2-5 years of imprisonment and fines up to $25,000
• Battery against a police officer, firefighter or correctional officer that inflicts great bodily harm: Class 1 Felony punishable by 4-15 years in prison and fines up to $25,000
• Battery against a child under 13: Class 1 Felony punishable by 4-15 years in prison and fines up to $25,000
• Battery against a child under 13 with severe bodily injury: Class X felony punishable by 6-30 years in prison and fines up to $25,000

When a simple act of lashing out against someone who happens to be underage can land you years behind bars and thousands of dollars in fines, we’d say the charges are pretty serious.

You’ve taken the first step in educating yourself about how that could happen. If you currently face aggravated battery charges in this state, you don’t have to do it alone.

Reach out to an experienced Chicago criminal defense attorney who will be proactive in fighting back to beat your aggravated battery charges so you can move on.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Chicago officers were recently called to a Citgo gas station in Joliet on reports of a domestic disturbance between a man and a woman. When the police arrived, the woman was no longer on the scene. They approached the man, asking for information about the incident. The man then reportedly refused to cooperate with the police by not moving when they requested it and verbally threatened the police while taking a fighting stance.

When the officers told the man that he was under arrest and attempted to place handcuffs on him, he physically fought them. According to reports, the man even punched one officer’s head.

He was taken to jail when the officers regained control of the situation and has been charged with resisting and obstructing a police officer, aggravated assault and aggravated battery.

Why aggravated charges instead of regular charges? What’s the difference?

In this post, we’re going to break down our state’s assault and battery laws to help you understand your charges and what actions need to occur to go from a simple assault or battery to an aggravated charge.

Illinois Assault and Battery Laws

Assault and battery are two different charges under Illinois laws. Here are the definitions.

Assault

An individual who intentionally causes another person to feel reasonably fearful by threats of imminent violence can be charged with assault.

For a charge to apply, the threats must be made in an angry or menacing manner and the alleged offender’s conduct must match the threat. If the words and conduct cause the victim to fear imminent injury, charges of assault can be filed.

Assault is charged as a Class C misdemeanor.

Aggravated Assault

Assault can be charged as aggravated assault if any of these situations apply.

• Use of a deadly weapon
• Use of an object designed or manufactured to look like an actual firearm
• Concealment of identity, such as being robed or hooded
• Operation of a vehicle in a way that causes the victim imminent fear of violence
• Recording the assault on audio or video with knowledge and intent to disseminate the information
• Occurrence in a public place, on school property, on a public roadway or highway, or in a public facility such as an amusement park or sports arena

Aggravated assault charges also apply if the victim is in a special class under the statute. These special classes include the following types of people:

• Adults at least 60 years old
• Correctional officers
• Peace officers
• Emergency medical personnel
• Firefighters
• Individuals with physical handicaps
• Public employees
• School employees
• Teachers

Aggravated assault can be charged as a Class A misdemeanor or at the felony level.

Battery

The charge of battery involves physical contact that the victim reasonably believes to be provocative or insulting, including pushing, shoving, or intentionally causing bodily harm.

Battery is normally charged as a Class A misdemeanor.

Aggravated Battery

Battery can be charged as aggravated battery if situations like these apply.

• Knowingly committing acts of violence which cause great bodily harm, permanent disfigurement, or permanent disability to the victim
• Strangulation of the victim
• Impeding of the victim’s mouth or nose during the assault
• Occurrence in a public place, on school property, on a public roadway or highway, or in a public facility such as an amusement park or sports arena
• Use of a firearm, or a firearm equipped with a laser and the laser’s light touches the victim
• Discharge of a firearm that causes injury to the victim
• Use of a deadly weapon
• Concealment of identity, such as being robed or hooded
• Recording the assault on audio or video with knowledge and intent to disseminate the information
• Providing a controlled substance to the victim, which then causes great bodily harm when the victim consumes it
• Causing a victim to digest an intoxicating or harmful substance such as a narcotic, controlled substance, or poison
• Use of bodily fluids or substances in an act against a facility employee when the offender is an inmate in a custodial or correctional facility

Aggravated battery charges also apply if the victim is in a special class under the statute.

Charges for aggravated battery start as a Class C felony and can move upward.

Fighting Someone in a Protected Class and Your Charges Automatically Become Aggravated

So, why did the guy in the story get aggravated assault and battery charges? Simple. He fought with cops. Do not fight with cops. Ever.

It can be tough to let cops take you in – especially if you don’t think you’ve done anything wrong — but the time to fight back is not at the scene. Cooperate, try to keep a level head, and demand that you be allowed to get in touch with an experienced Chicago criminal defense attorney as soon as possible.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Students are back in school in Illinois, and along with homework and extracurricular activities, you might also need to think about school-related assaults.

Two incidents from the previous school year stand out as warnings to both parents and students in the Chicago area.

Teens Arrested for Fighting in Chicago

Last May, a fellow student stabbed Destinee Garza with a pair of scissors during a fight at Oak Lawn Community High School, and she suffered laceration injuries to her arms, neck, and forehead.

The other female student supposedly attacked Garza during passing time in the hallway. It took 35 seconds for another student to break up the fight by prying the scissors from the other girl’s hands.

Although the girl with the scissors ran away from the school after the fight, Oak Lawn police were able to apprehend her later that day and confirmed she would be petitioned to juvenile court on aggravated battery charges.

Last January, police responded to a battery call when a 16-year-old girl was arrested for attacking another female student on a school bus that was parked on the Stevenson High School campus waiting to bring students home.

In a cellphone video, the victim is seen outside the school bus and after she gets on the bus, the attacker punches her repeatedly while also telling her to “say you’re sorry.” The bus driver confronted the students before calling for security.

The victim was treated for non-life threatening injuries and the public information coordinator for the school said the attacker wouldn’t be returning to the school for a while. Police also confirmed the alleged attacker would be referred to the Depke Juvenile Justice Complex.

How Can School Fights in Illinois Affect My Teen?

A criminal record can have lasting effects on a teen’s life, especially if the charge is related to a violent crime like assault or battery. That’s why it’s imperative to reach out to a knowledgeable Illinois defense attorney who has experience with both assault and battery and juvenile crimes.

Fortunately for parents, Illinois has reformed some of its laws when it comes to juvenile crimes in an attempt to keep kids out of the prison system and focus on rehabilitation.

Judges now have more flexibility and discretion when it comes to sentencing juveniles, instead of giving a blanket sentence for a single charge. This means that judges can consider a number of factors, including “the minor’s age and cognitive ability, home life, degree of participation in a crime, criminal history and potential for rehabilitation.”

In addition to this flexibility, the new juvenile criminal laws also try to keep kids who have committed misdemeanor offenses – theft, assault, battery, marijuana possession, etc. – out of a juvenile detention facility.

The circumstances of the incident, as well as your child’s history – especially if this was an isolated incident – will be crucial in getting the charges and punishment reduced, dropped, or dismissed. A skilled attorney will be able to make a case for your child not becoming another tragedy of the criminal justice system.

Don’t let a mistake ruin your child’s life. Regardless of what happened, your child deserves to live his or her life unscathed by a criminal record. A qualified Chicago juvenile crimes attorney will protect your child’s rights and give them the best chance at a positive outcome.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Unless you’ve been living under a rock for the past few months, you’ve undoubtedly heard about the Facebook live “torture” video. The video, which was broadcast live on Facebook, showed four teenagers beating, gagging, and torturing a teen with mental disabilities. The four were arrested after a neighbor made a noise complaint, and police believe the victim was tied up for four to five hours that day.

Currently, the accused teens are being held in jail without bail. Earlier this month, they pled not guilty to charges that included felony aggravated kidnapping, aggravated unlawful restraint, aggravated battery with a deadly weapon, and a hate crime. Their next court date is March 15.

Why a hate crime? There are two reasons: the victim’s mental capacity and his race. Unlike in most cases of hate crimes, though, the victim here is white and the four teenagers involved in the crime are all black. By itself that wouldn’t be enough to justify labeling it a hate crime, but during the video the teenagers could be heard saying, “F*** Donald Trump” and “F*** white people.”

Charges Will Be More Severe If The Victim Is…

You may have noticed that a lot of the charges listed above have the word “aggravated” in them. This term can refer to many things, but here we’re going to focus on just one: the fact that who the victim is can increase the charges you face.

In other words, offenses based on the status of the victim will elevate a battery charge to an aggravated battery charge. Things like a victim’s mental capacity, race, age, or other status matter a lot when the prosecutor charges you.

Let’s look at a few more examples:

Mentally or Physically Disabled. Another recent example comes from a Palatine center for students with developmental disabilities. Recently, a third teacher from the center was arrested for punching a student in the face with a closed fist. The child in question is only 11 years old, and has also suffered violence from two other teachers.

All three women will face aggravated battery charges. Not only because the victim suffers from developmental disabilities, but also due to the fact that they are under the age of 13.

A Senior or Pregnant Woman. If you harm a person aged 60 or older or a pregnant woman, you will face aggravated charges. In order to be found guilty, however, the prosecution has to prove that you knew the victim held that status. For example, if you did not know a victim was pregnant, you may be able to your charges lowered to simple battery.

Anyone Performing Official Job Duties. Don’t punch a cop. Also, don’t bite a cop. Sadly, this is a lesson that a 20-year-old woman had to learn the hard way earlier this year after a night of drinking.

She got into a fight with her sister, security guards got involved, and later police were involved. When police officers responded to the incident, the woman bit one on the forearm. Currently, she is charged with aggravated battery to a peace officer, aggravated resisting arrest, obstructing a peace officer, battery, and other crimes.

Long story short, if you mess with peace officers, you’ll have multiple charges against you.

Peace officers aren’t the only job that is protected under the law, either. If you are in an altercation with any of the following individuals while they are on duty, you will be charged with aggravated battery:

• Teacher or school employee
• A fireman, private security officer, or correctional institution employee
• A Department of Human Services employee who is supervising sexually dangerous persons
• An employee of the state of Illinois
• A transit employee
• A taxi driver
• A merchant who has legally detained someone for alleged retail theft
• A nurse

Your Spouse, Roommate, or Family Member. While you may not face aggravated battery charges for assault or battery against any of these people, it is important to remember that violence against relatives, roommates, or intimate partners is considered “domestic violence.” There are additional charges and penalties for domestic violence, including restraining orders.

What Happens Next?

If you’ve been charged with aggravated battery, you need to start preparing your defense strategy as soon as possible. Understanding the charges against you is the first step to developing a strong defense. Talk to a Chicago criminal defense lawyer today to learn more about your case and what lies ahead.

Most aggravated battery charges are a class 3 felony. If the altercation involved a peace officer, private security officer, or related occupation, the charge is bumped up to a class 2 felony. If the battery ended in disfigurement or involved a deadly weapon, the charge may go up to a class X felony. For all of these charges, you will face years behind bars.

Don’t accept those consequences without a fight, though. Work with a knowledgeable defense attorney to protect your rights.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

It’s no secret that Chicago has a serious problem with violent crimes, but certain neighborhoods have a history of being more dangerous than others.

This year, the city has witnessed a particularly high rate of assault and battery crimes, with a majority of these crimes concentrated in certain areas. In Illinois, assault is considered to be behavior that creates the threat or fear of bodily harm or unwanted physical contact, while battery is conduct that actually causes bodily harm or unwanted physical contact.

We’ve listed the seven Chicago neighborhoods with the highest rates of assault and battery arrests from July 2014 to July 2015 below.

Austin. The West Side neighborhood of Austin has been called Chicago’s deadliest neighborhood by some local media outlets—and for good reason. There have been nearly 600 incidents of assault and battery crimes in Austin within the last year alone. Austin is also the largest of the city’s officially defined neighborhoods.

West Englewood. Southwest of the city lies Englewood, a neighborhood that has also been dubbed one of Chicago’s most dangerous areas. West Englewood in particular has had long-standing problems with violent crimes, and saw nearly 400 incidents this past year alone.

North Lawndale. North Lawndale is another West Side neighborhood, and is home to a notably significant number of individuals with criminal records. This year, there were more than 300 reported incidents of assault and battery in North Lawndale. Other common crimes in this neighborhood include criminal damage, drug crimes, and robbery.

Humboldt Park. This West Side neighborhood is known for its proud Puerto Rican community, though the neighborhood has become increasingly gentrified in recent years. Though crime is on the decline, the area remains one of the city’s most dangerous for assault and battery, with more than 300 incidents reported in the past 12 months.

South Shore. This lakefront community boasts former residents such as Michelle Obama and Kanye West. Though the neighborhood offers beaches and beautiful architecture, it also sees a fair amount of crime and gang-related activity. Within the last year, there were a little over 300 reported incidents of assault and battery in South Shore.

Auburn Gresham. Auburn Gresham is a south side neighborhood that sees its fair share of violent, property, and quality of life crimes. There were more than 250 reports of assault and battery crimes in Auburn Gresham in the July 2014 – July 2015 period.

Greater Grand Crossing. This neighborhood falls eight miles south of the Loop, and is made up of 99 percent African Americans. Greater Grand Crossing saw nearly as many as assault and battery incidents last year as Auburn Gresham.

If You Have Been Arrested or Charged with Assault and Battery in Chicago

As local law enforcement attention turns to these high crime-rate neighborhoods, arrests for assault and battery have become increasingly common. Unfortunately, in law officers’ eagerness to crack down on these crimes, wrongful arrests are not unheard of.

If you have been arrested or charged with assault and battery in Chicago, it’s critical to contact an experienced Chicago assault and battery attorney as soon as possible. The penalties for assault and battery crimes may include prison sentences, heavy fines, and a lifelong criminal record. A knowledgeable criminal attorney may be able to help you build a strong defense to protect your rights and avoid tough consequences to your freedom, future, and reputation.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Self-defense and defense of others are two arguments that are sometimes used to prove that an individual is not guilty of assault. However, the effectiveness of these defenses depend heavily upon the circumstances of each unique case and the defendant’s ability to show that any reasonable person would have perceived a threat in the same situation and that the only way to stop the threat was by using force. When it is not likely that the defendant will be able to prove this, it may be better for him or her to accept a plea agreement in order to receive alternative sentencing.

Typically, if someone is found guilty in a simple assault case in Illinois, they will face a fine of up to $1,500, up to 30 days imprisonment, and up to two years of probation. It is possible to receive a lesser sentence through a plea agreement, though, which is why pleading guilty can sometimes actually be the best course of action.

Here are a few of the potential options for assault plea agreements in Chicago.

Plea Agreement for a Suspended Sentence

Serving any time in jail—even thirty days—can significantly disrupt your life, so it’s obviously best to avoid a sentence that involves imprisonment if at all possible. In a simple assault case, it is often possible to plead guilty and receive a suspended sentence with no jail time. For example, a judge might sentence a defendant to between 30-120 hours of mandatory community service as well as probation. If you do receive this kind of sentence, it’s important to keep in mind that violating your probation is a crime in and of itself, so you’ll need to comply with all the requirements of your probation in order to avoid facing additional charges.

Pleading Guilty to a Lesser Crime

Depending on the circumstances of the alleged assault, a defendant may be able to plead guilty to a lesser crime, such as disorderly conduct. If the defendant is charged with disorderly conduct, he or she may be ordered to complete between 30 and 120 hours of community service. However, it is important for defendants to work with an experienced assault attorney who can determine if pleading guilty to a lesser crime is actually a better option. For example, pleading guilty to disorderly conduct may not be beneficial in some cases, as assault and disorderly conduct can both be charged as Class C misdemeanors in Illinois.

Deferred Sentencing

If you do not have any previous convictions on your criminal record, you may be able to plead guilty to assault and receive a deferred sentence. With deferred sentencing, a defendant must serve a probation period and comply with all additional requirements, such as counseling or community service, outlined by the court. As long as they do not violate their probation, the assault charge will be dropped and they will not have a criminal record. This means that if, for example, a potential employer ran a criminal background check on the individual, they would not see an assault conviction. In many cases, this is the best case scenario for someone charged with assault in Illinois.

Whether you believe that you have been wrongfully charged with assault or you’re worried that there is overwhelming evidence that will lead to your conviction, the best thing you can do is talk to a Chicago defense attorney who has experience with assault cases. Your attorney will be able to help you determine whether it is best to fight the charges or plead guilty in order to receive a suspended or deferred sentence.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes and drug crimes.

In order to clarify this often confusing charge, I’m going to discuss three of the most common assault myths that I encounter as a Chicago assault lawyer.

Myth 1: Physical Contact Must Take Place for an Assault Charge

In reality, no physical contact needs to take place for an individual to be charged with assault. That’s because Illinois state law draws a distinction between assault and battery. Our state defines assault as “conduct which places another in reasonable apprehension of a battery,” meaning that you could be charged with this crime if, say, you walked towards another person swinging a baseball bat menacingly, even if you never intended to hit them. Intention is not taken into consideration with assault charges; you can be charged as long as the alleged victim had reason to fear an attack.

Battery, meanwhile, involves causing physical harm to another person. Defendants are sometimes charged with both assault and battery if the prosecutor can prove that the defendant’s actions caused the victim injury.

Myth 2: Assault Is Always Considered a Felony Crime in Illinois

While an assault charge should be taken very seriously, it generally does not carry penalties as harsh as those for battery, because the defendant did not cause physical harm to their victim. Assault is typically classified as a Class C misdemeanor in Illinois, which may result in up to 30 days of jail time and a fine up to $1,500 if the defendant is convicted. In some cases, a good defense attorney may also be able to convince the court to issue an alternate sentence of community service instead of jail time and fines.

The only type of situation where assault can be classified as a felony is when the defendant is charged with aggravated assault. An assault is said to be aggravated when it is likely that the victim would have suffered serious harm if the defendant followed through with their attack. For example, if you cornered someone and pointed a gun at them, you would most likely be charged with a Class 3 Felony, which can result in 2-5 years in prison if you’re convicted.

Myth 3: If You’ve Committed an Assault, There’s No Good Defense

You might think that if the prosecutor has concrete evidence that you committed an act of assault, there’s no way to beat the charge. However, there are several situations where your actions may be considered reasonable and should not result in a criminal conviction.

You may be able to argue that you acted in self-defense, to protect others, or to protect your property. In order to use this line of argument in your defense, you and your attorney will need to be able to prove that the alleged victim actually threatened to harm you, a loved one, or valuable property, and that you had reason to fear harm from this person. This defense will be strongest if you can also prove that you took no part in provoking the alleged victim, and that there was no reasonable way to escape the situation.

Your Chicago criminal defense attorney may also be able to find other mitigating circumstances that will reduce the charge against you or even get the charge dropped altogether. The important thing to remember is that your case is not a lost cause, and you have the right to present a rigorous defense.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area for the Law Offices of Andrew Weisberg. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations.

The digital age we currently live in makes it so much easier for criminals to steal from us, and with far less risk.Equipped with high-tech devices, software, and the proper knowledge, sophisticated criminals are raking in an astounding $3.5 trillion every year – money lost globally to online fraud. Cloud computing, the rise of smartphones, and the ever-increasing popularity of social networks – all essential aspects to a hyper-connected community – are considerably easing fraudsters’ work.

While classic techniques such as telemarketing scams or the 419 scam (also known as the Nigerian scam) are still popular, Internet scammers are also taking advantage of today’s advanced technologies to up their game. If, in the past, they used to target lonely, old victims and appeal to their emotional pull, these days, conmen are becoming much more ruthless in their crimes. Raiding big corporations’ bank accounts or even taking out governmental programs is not unheard of, making it more obvious than ever that we’re all at risk.

And yet, there are ways to fight against fraud; perhaps not foolproof, but they can decrease our vulnerability and make communication and information sharing more secure. Here are five ways business owners can protect themselves from internet robbers:

1. Hire the right people. Employees are a vital part of your business – it’s only natural to ensure they’re working for you, and not against you. Conducting background checks, drug screenings, and checking personal and professional references will allow you to get to know your employees better (especially those handling money or inventory).
2. Catch them in the act. Conducting surprise audits to catch ill-intended employees off guard could speed up the process of discovering fraud – and also save you a lot of trouble. Auditors use computer data analysis techniques to uncover illicit activities, and they can quickly examine thousands of documents at once and determine if there’s anything suspicious. A surprise audit can uncover duplicate invoices and also analyze invoice numbers, red-flagging criminal activity and catching employees red-handed.
3. Set up a fraud policy. Make sure the people working for your company are aware that you have a zero-tolerance policy for fraud and that several methods will be used to catch and punish illegal activity.
4. Monitor operations. This should go without saying, but installing security cameras to monitor activity at cash registers or in inventory areas is central to preventing fraud and ensuring a safe business environment. Employees who know they’re being watched are less likely to engage in wrongdoings.
5. Get employees to talk.Research shows that an effective method of combating occupational fraud is receiving tips from employees, but not many of them will be willing to talk directly to a supervisor. Establishing a third-party service that can offer the anonymity in-house programs cannot might help detect suspicious activity in time and act on it promptly.

All of these methods can help you remain in control of your business and identify suspicious activity in a timely manner. It also helps to maintain a proactive, rather than reactive, attitude towards fraud in your organization, analyzing data and identifying patterns to recognize malicious criminal intent. As business owners, employees, or customers, we must work harder to protect our identity and assets during times when it’s more difficult than ever.

About the Author Andrew M. Weisberg is a criminal defense attorney in Chicago, Illinois. A former prosecutor in Cook County, Mr. Weisberg,is a member of the Capital Litigation Trial Bar, an elite group of criminal attorneys who are certified by the Illinois Supreme Court to try death penalty cases. He is also a member of the Federal Trial Bar. Mr. Weisberg is a sole practitioner at the Law Offices of Andrew M. Weisberg.

If you are tempted to ignore your Chicago arrest or the disorderly conduct charge as a mere misdemeanor that is not important, rethink the consequences of what a conviction could mean. In addition to whatever fines are assessed and the mandatory community service required, you will also have to deal with the fact that you will forever have a criminal record. Even a misdemeanor conviction can have a negative impact on your future. Years from now, you will not want to find yourself trying to explain to a potential employer why you were convicted of a crime.

When an encounter with Chicago law enforcement results in a disorderly conduct charge for you, do not leave the outcome to chance. Contact the Law Offices of Andrew M. Weisberg. As a former prosecuting attorney, Mr. Weisberg will be prepared in advance for what you will be up against in court and will work assiduously to protect your rights and preserve your future. Call upon Chicago disorderly conduct attorney Andrew M. Weisberg today so that he can begin building the quality defense that you will need.

If you’ve been charged in Chicago with disorderly conduct, no matter how straightforward or complex the charge, Andrew M. Weisberg is a Chicago disorderly conduct attorney known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit /, call the office at 312.854.7004 or call his cell phone 24/7 at 773.908.9811 or Text LAWYER to 25827 for a prompt call back. The initial consultation is free.

Your attorney will be aware of the fact that the prosecutor may seek to file other charges against you in addition to the aggravated criminal sexual assault charge. Prosecutors will do this in the hope that if a technicality prevents them from getting a conviction on one charge or evidence is not admitted on another charge, they will still have a chance at a conviction on any of the remaining charges. However, your attorney will be adept at providing you with the counsel and representation that you may require on a variety of charges and will craft a solid defense on your behalf.

If you are facing charges in Chicago for aggravated criminal sexual assault, you may be fearful that your freedom and your future are in great jeopardy. Contact the Law Offices of Andrew M. Weisberg as soon as possible. Mr. Weisberg has the depth of legal experience that may be able to put your mind at ease. As a former prosecutor, criminal defense attorney Andrew M Weisberg brings unique experience to the courtroom because he understands how the law is interpreted and applied from both sides and is committed to providing you with the best possible defense so you can have the opportunity for a favorable outcome.

Chicago Aggravated Criminal Sexual Assault – If you’ve been charged in Chicago with aggravated criminal sexual assault, no matter how straightforward or complex the charge, Andrew M. Weisberg is known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit /, call the office at 312.854.7004 or call his cell phone 24/7 at 773.908.9811 or Text LAWYER to 25827 for a prompt call back. The initial consultation is free.

In a brief summary of events, the 40-year-old golfer was involved in a domestic dispute in Massachusetts when a police officer responded to the scene. When the officer tried to intervene between DiRico and the woman, DiRico punched the officer repeatedly in the head necessitating hospitalization and stitches for severe facial injuries.

In Chicago, DiRico could have racked up enough charges to go to jail without ever laying a hand on anyone. If you cause someone to fear that you will harm them, threaten them verbally, or even chase them, you can find yourself facing an assault charge without ever actually touching anyone. Various other factors can elevate an assault charge to aggravated assault or assault & battery. And when the victim is a member of law enforcement, as in the case of DiRico, the charge and the penalty automatically increases.

Ideally, in cases of confrontation, cool heads will prevail, and everyone involved either makes up or agrees to disagree. But when that doesn’t happen, and you find yourself in trouble and facing an assault charge, contact Chicago assault & battery attorney Andrew Weisberg who routinely handles assault & battery cases, and as a former Chicago prosecutor, knows the ins and outs of both sides of the courtroom.

No matter how straightforward or complex your assault & battery charge, a Chicago assault & battery attorney Andrew M. Weisberg is known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit / or call his cell phone 24/7 at (773) 908-9811 or Text LAWYER to 25827 for prompt call back. The consultation is free.