In Illinois, the line between assault and aggravated assault often comes down to the presence of aggravating factors. While both offenses involve actions that place someone in fear of immediate harm, aggravated assault includes elements that make the conduct more harmful. If you are faced with an assault charge, a Chicago criminal defense lawyer can explain these distinctions and their consequences. The legal team at the Law Offices of Andrew Weisberg can assist you in separating the two cases and understanding your rights when facing criminal allegations in Chicago or anywhere in Illinois.

Defining Assault in Illinois

Under Illinois law, assault does not require physical contact or actual injury. Instead, it focuses on a person’s actions that cause someone else to reasonably fear they are about to suffer immediate physical harm. In other words, the crime is based on the threat or attempt, not the outcome.

Illinois statute defines assault as conduct that places another party in reasonable apprehension of receiving a battery. This means the other person must genuinely believe harm is about to occur, and that belief must be reasonable under the circumstances. The law looks at what a typical person would think in that situation, not just what the alleged victim claims they felt.

Assault can occur through words, gestures, or actions that communicate an intent to cause harm. For example, raising a fist, charging toward someone, or making threatening statements during an argument can all be considered assault if they create that immediate fear. Even though no physical contact occurs, the offense is still taken seriously, especially when it creates a situation that could escalate into violence.

Aggravated Assault in Illinois

Aggravated assault is a serious type of assault under Illinois law. It occurs when a person commits an assault under circumstances that make the conduct more dangerous, more threatening, or more harmful than a standard assault. These circumstances are known as aggravating factors and are what transform a simple misdemeanor into a far more serious criminal charge.

Illinois law outlines several situations that qualify as aggravating. These may include using or displaying a weapon, causing or threatening more severe injury, targeting certain protected individuals, or committing the assault in specific locations such as public property, schools, or places of worship. The presence of any qualifying factor increases both the scope of the offense and the potential penalties.

Unlike simple assault, which is usually charged as a Class C misdemeanor, aggravated assault can be charged as a Class A misdemeanor or a felony depending on the specific conduct involved. Because of this, an aggravated assault allegation carries significantly higher stakes.

Factors That Influence Charges

When prosecutors determine whether someone will face charges for assault or aggravated assault in Illinois, they look closely at the facts surrounding the incident. Several key factors can elevate what would otherwise be a misdemeanor into a more serious offense. The key influencing factors include:

Use of a Weapon

The presence of any type of weapon, whether real or implied, can immediately escalate the charge. Firearms, knives, blunt objects, or even everyday items used in a threatening way increase the level of danger and the perceived intention to cause harm. Illinois law treats the display of a weapon very seriously, even if no physical contact occurs.

Severity of Injury

Although assault does not require actual physical harm, the threat or attempt that realistically suggests a higher degree of injury can elevate the charge. Acts that imply the potential for significant bodily harm, such as swinging a metal object, driving a vehicle at someone, or making threats while physically cornering a person, can lead to aggravated assault accusations.

Victim’s Status

The identity of the alleged victim plays a major role. Illinois provides increased legal protection for certain groups, including law enforcement officers, teachers, public employees, correctional officers, transit workers, emergency responders, and individuals with disabilities. If the person targeted falls into one of these categories, the charge becomes more severe by default.

Prior Criminal History

A defendant’s prior record can also influence charging decisions and potential penalties. Repeat offenses, prior violent conduct, or a history of similar incidents may cause prosecutors to pursue harsher charges or enhanced sentencing. While the act itself determines the offense, a person’s background can impact how aggressively the case is handled.

Protect Your Rights and Future

Facing an assault or aggravated assault charge in Illinois can have immediate and long-lasting consequences. Even a simple allegation can affect your job, your reputation, and your freedom. The more serious the charge, the higher the stakes. Luckily, a Chicago criminal defense attorney at Law Offices of Andrew Weisberg can help you understand the nature of your case and negotiate a reduction in charges. If you are facing assault-related allegations, call us today at 773-908-9811 or reach out online as soon as possible to learn your options.

Being charged with assault in Chicago can be intimidating, especially when you believe you were only trying to protect yourself. Illinois law recognizes self-defense as a legal justification for the use of force in certain circumstances. However, successfully raising this defense requires more than simply claiming you acted out of fear—specific facts and legal standards must support it. An Illinois criminal defense lawyer from the Law Offices of Andrew Weisberg can help you understand how self-defense applies in assault cases. With the right defense strategy, it may be possible to show that your actions were lawful rather than criminal.

Can Self-Defense Apply in an Illinois Assault Case?

Under Illinois law, self-defense can be a defense against assault or battery charges when a person reasonably believes that the use of force is necessary to protect themselves or another from imminent harm. This principle is codified in 720 ILCS 5/7-1, which permits the use of force when it is believed to be necessary to prevent unlawful force against oneself.

For example, if someone lunges at you in a threatening manner and you raise your arms or push them away, that may be considered defensive conduct. But if the response goes far beyond what was necessary to stop the threat, such as using a weapon against an unarmed person, the prosecution may argue that your actions exceeded lawful self-defense. The strength of this defense will depend heavily on the circumstances surrounding the incident.

Although self-defense is a powerful legal argument, it is not without limits. Illinois courts draw a clear line between lawful defensive conduct and excessive force. You cannot claim self-defense if:

• You were the initial aggressor: If you started the confrontation, the defense may not apply unless you attempted to withdraw and communicated that intention.
• The threat was not imminent: Fear of a future attack or speculation about what someone might do is generally not enough.
• Excessive force was used: The level of force must be proportional to the threat. Using deadly force to respond to a non-deadly threat will usually defeat a self-defense claim.
• You were committing another crime: If the assault occurred during unlawful activity, such as burglary or trespass, raising self-defense is unlikely to succeed.

Your lawyer can help you know the applicable limits. This ensures that you can build a case that does not rest on arguments that prosecutors or judges can easily challenge.

How Do Courts Evaluate Self-Defense Claims?

Courts apply a reasonableness test, meaning both your belief and your response must be considered reasonable in light of the threat. For example, shoving someone who lunges at you may be regarded as reasonable, but responding with deadly force in that same situation may not be justified unless the threat clearly involved the risk of death or serious bodily harm. When self-defense is raised in an assault case, the court examines several factors to determine the validity of the claim. These include:

• Nature of the threat: Was the danger immediate and serious, or could it have been avoided?
• Proportionality of response: Was the force used appropriate in light of the threat faced?
• Defendant’s role in the conflict: Did the accused provoke or escalate the confrontation?
• Credibility of testimony: How consistent are the defendant’s statements compared to witness accounts, police reports, and physical evidence?

The burden of proof in Illinois is also important to note. Once self-defense is raised, prosecutors must disprove it beyond a reasonable doubt. This means that even if the jury has some doubt about whether your actions were defensive, that uncertainty can work in your favor. An Illinois defense attorney will highlight these doubts and emphasize evidence supporting your claim.

Why Legal Representation Matters in Self-Defense Cases

While you have rights after being charged with assault, raising self-defense is not as straightforward as it sounds. Prosecutors may argue that your perception of danger was unreasonable or that you used excessive force. They may also introduce evidence suggesting you initiated the conflict. Without a strong legal strategy, these arguments can undermine your defense and result in a conviction.

An Illinois criminal defense lawyer can analyze the facts of your case, challenge the prosecution’s narrative, and present evidence that supports your right to protect yourself. This might involve questioning witnesses, presenting surveillance footage, or consulting experts on use of force. Because Illinois law leaves room for interpretation, the skill with which you present your defense can make a huge difference in the outcome.

Get Legal Support for Your Assault Charges

If you are facing assault charges in Chicago and believe you acted in self-defense, you have options. The consequences of an assault conviction can impact your freedom and your future. At the Law Offices of Andrew Weisberg, we know how to build strong defenses and challenge the prosecution’s version of events. An Illinois criminal defense attorney can demonstrate that your actions were lawful and justified. Call us today at (773) 908-9811 for a free initial case review.

Chicago, like many urban centers, faces the complex challenge of addressing violence while acknowledging the role mental health can play in its occurrence. This blog delves into the intersection of mental health and assault charges, exploring how psychological factors can impact legal proceedings and highlighting the importance of incorporating them into defense strategies.

Mental Health and Assault Charges: A Complex Intersection

Mental health issues can manifest in various ways, impacting an individual’s behavior and decision-making. In some cases, individuals with unaddressed mental illnesses may engage in acts of violence, leading to assault charges.

While mental illness does not excuse criminal behavior, it’s crucial to recognize its potential influence on the circumstances surrounding an assault.

How Mental Health Can Impact Legal Proceedings

The diminished capacity legal defense argues that the defendant lacked the mental capacity to understand the nature of their actions due to a mental illness. This can potentially reduce charges or sentences.

Mental health conditions, while not excusing the act, can be presented as mitigating factors during sentencing, potentially leading to a lighter sentence or alternative forms of punishment, such as mental health treatment.

Examining the defendant’s mental state can help clarify their intent at the time of the assault. Was it a premeditated act of aggression, or did their mental illness cloud their judgment? Understanding intent is crucial for determining the appropriate legal response.

Defense Strategies: Balancing Legal and Psychological Aspects

Building a strong defense in assault cases involving potential mental health concerns requires a nuanced approach. Experienced criminal defense lawyers understand the legal intricacies of incorporating mental health factors into their strategies.

Engaging a qualified mental health professional to evaluate the defendant’s mental state is crucial. This evaluation can provide valuable insights into their diagnoses, potential impact on the situation, and support for legal arguments.

Building a strong working relationship with mental health professionals allows the defense team to effectively present the defendant’s mental health history and its potential influence on the case.

Defense lawyers must stay abreast of evolving legal precedents and mental health law to ensure their strategies align with applicable regulations and case law.

Depending on the specific circumstances and the defendant’s mental state, alternative solutions like diversion programs that prioritize mental health treatment over traditional prosecution might be explored.

Building a Strong Defense: The Importance of an Experienced Lawyer

Navigating the legal complexities of assault charges with mental health considerations requires expertise. An experienced criminal defense lawyer with a deep understanding of both criminal law and mental health law can provide invaluable support throughout the legal process. They can:

• Advise on the most effective legal strategies: Based on the specific facts of the case and the defendant’s mental health evaluation, they can guide the client towards the most suitable defense approach.
• Protect the defendant’s rights: Ensure the defendant’s legal rights are upheld throughout the process, including the right to a fair trial and access to mental health resources.

Advocate for the defendant’s best interests: They will work tirelessly to achieve the best possible outcome for their client, considering both legal consequences and potential mental health treatment options.

Assault charges & Mental Health In Chicago

The intersection of mental health and assault charges necessitates a sensitive and comprehensive approach. While mental illness doesn’t excuse criminal acts, recognizing its potential influence is crucial for a fair and just legal process. Building a strong defense with an experienced criminal defense lawyer who understands both legal and psychological aspects is essential for navigating this complex terrain.

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 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.

Criminal defendants, no matter what crimes they are charged with, have rights in the United States. These rights are protected by the United States Constitution. The problem is, not everyone who is accused of a crime like assault in Illinois takes full advantage of these rights – which is why your attorney is here to help.

What does the state of Illinois consider assault, and what rights do you have if you are accused? These are questions to which every person should know the answer in the state, so make sure to read on to find out what you need to know. This knowledge can come in handy whether you’re accused of a crime or not.

Assault in Illinois

The state of Illinois has its own definition of what actions constitute assault. Someone commits this crime in the state if they act in such a way that knowingly puts another person in fear of battery. It’s also crucial to this crime that the perpetrator has no legal authority to act in such a way.

Battery in the state is when someone acts in a provoking or insulting way resulting in physical contact, such as hitting another person. Even grabbing a person’s clothing can be considered battery, since clothing is considered to be an extension of the person.

So, assault is perpetrated when you put someone in fear of battery. However, there is simple assault in Illinois and aggravated assault, as well. Simple assault is considered a misdemeanor, but assault with the use of a deadly weapon is a felony and can result in harsher criminal penalties.

How Assault Is Punished in Illinois

If you are convicted of simple assault, then it’s a Class C misdemeanor in Illinois. That can result in up to one month behind bars as well as the requirement to pay a fine of as much as $1,500. You may also be placed on probation for two years, be required to complete up to 120 hours of community service, and be compelled to pay restitution to the victim.

Aggravated assault penalties take into account several factors:

• Where the assault was committed
• Who it was committed against
• If a deadly weapon was involved

All of these factors will play a role in the penalties faced. It can be charged as a Class A misdemeanor, which can result in up to one year in jail and fines of $2,500. In lieu of jail time, you may be sentenced to up to two years of probation.

However, it can also be considered a Class 4 felony in some circumstances. If you are convicted of a Class 4 felony in Illinois, then you face up to three years in prison and fines of as much as $25,000. Some perpetrators may be eligible for probation instead, which can last up to 30 months.

The most serious penalty associated with aggravated assault can be enforced if a firearm is fired from a vehicle or if a vehicle is used to create fear in the victim. In these cases, it can become a Class 3 felony, which is punishable by up to five years imprisonment and fines of as much as $25,000. Some may qualify for probation for this crime, which can be imposed for up to 30 months.

What Are Your Rights?

The penalties a person may face for assault in Illinois can be quite severe, having an impact on their life long after any probation or imprisonment sentence is complete. That’s why it’s vital for every person accused of a crime like this to understand what their rights are.

Criminal defendants in the United States have important rights. Some of the most notable include:

The Right to a Speedy Trial

You cannot simply be put in a jail cell and languish there forever. The Sixth Amendment of the Constitution provides you with the right to a speedy as well as public trial when you are charged with a crime. That means you have the right for your case to be put before a jury of your peers or a judge in a time frame that is reasonable.

The Right to a Lawyer

The Sixth Amendment also gives you to right to obtain the counsel of an attorney when you are accused of a crime, whether it’s a public defender or an attorney whom you hire on your own. This is perhaps one of the most important rights to take advantage of, since a skilled and experienced attorney will understand the ins and outs of the criminal justice system and ensure that your rights are upheld.

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 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.

You’ve counted down the last moments of 2022, and now 2023 is here – it’s time for a fresh start. However, moving on from the previous year can be a bit more complicated if you’re facing criminal charges from the last minutes of 2022.

Some crimes commonly get people arrested in Illinois on New Year’s Eve. But just because they’re common doesn’t mean they’re not serious. Quite a few common crimes perpetrated on the last day of the year can haunt you for years afterward.

Here is what you need to know about crimes that get people arrested more often on New Year’s and what those crimes can mean for your future.

Public Intoxication

Public intoxication is a tricky thing in Illinois. That’s because it is not illegal in the state to be drunk in public as long as you’re over the age of 21. The government has passed laws that make it illegal for any local or state government to make laws against those who are drunk in public because they see it as discriminating against those who may have substance abuse issues.

However, it is illegal to operate a motor vehicle while intoxicated or walking on the street (stick to the sidewalks). It’s also unlawful to physically control other vehicles, such as boats, snowmobiles, scooters, and other equipment. Doing so can land you in jail and cause you to lose your driver’s license under Illinois law.

Assault

It’s unfortunate that this holiday also sees a rise in assaults. Assault in Illinois is causing a person to feel afraid for their physical safety. Putting up your fists and threatening to be violent toward another is assault, but threatening someone with words alone is not. Perpetrating an act of assault against someone who is a member of your household or family can get you in trouble for domestic assault as well.

If you are found guilty of assault in Illinois, then it’s typically a Class C misdemeanor. Assault can imprison you for up to a month and make you liable for fines of up to $1,500. You may also be subject to probation for several years and must complete community service hours.

Criminal Property Damage

It is illegal in Illinois to destroy or damage property that belongs to another. You may sometimes hear this crime referred to as criminal mischief or vandalism. Property damage or putting someone in harm’s way due to property damage is the primary issue.

Criminal property damage is committed by doing things such as ramming a car with a car, lighting a fire in someone’s backyard, poisoning your dog, or even smashing a window to your home. The damage can be small or large. As long as it’s with malicious intent, it’s criminal property damage.

Being found guilty of criminal property damage in Illinois can be a Class A or B misdemeanor, or a felony, depending on the property’s value, what was damaged, and who the target was. If you are found guilty of a misdemeanor, it can send you to jail for up to one year and make you responsible for thousands of dollars in fines. If it’s a felony charge, you can go to prison for up to 15 years and pay as much as $25,000 in fines.

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 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.

In Illinois, being falsely accused of any crime is a serious issue, but facing false allegations of assault charges seems to be especially egregious. You may feel helpless in the face of these accusations, but you are not. There are things you can do to protect yourself and your rights.

Assault charges can result in severe penalties that can impact your entire life. From jail time to fines to a criminal history that can ruin your reputation, you must understand what to do when facing these types of charges in the state. Here are some critical steps to follow if accused of Illinois assault.

What You Should Not Do

There are several important things you should not do if facing allegations of assault. From the moment the police confront you with the charges, you should:

Do Not Talk to the Police

You should only answer questions from the police about the case once you have an attorney representing you. Even in cases where you are innocent of the charges and know it, it’s in your best interest to invoke your right to remain silent until an attorney arrives at the police station for you. Things you say to the police beyond what is required may be used against you, so it’s important to remember and exercise your rights in this scenario.

Do Not Talk to the Victim

Even if you think you can talk to the victim to clear the matter up, it’s not advisable to do so. You should not say anything to them if they attempt to contact you directly or through your social media accounts. The victim can ultimately use statements made by them against you and they are as evidence. If communication needs to occur, then it should go through your attorney.

What You Should Do

If you are accused of assault in Illinois, there are certain things you should do to help your case, such as:

Gather Evidence

If you have any evidence that casts doubt on the allegations of assault against you, then collect and keep this evidence for your attorney. You may want to gather eyewitness statements, texts, or private messages between you and the victim leading up to the incident and anything else you think can help your case.

Do Watch What You Post

If you are active on social media platforms, make sure to use care in what you do post. Never post anything about the alleged assault. Take care in what you write, the pictures you post, the comments you make, or anything else related to social media that prosecutors could take out of context to make you look guilty.

What Penalties Can Be Faced?

In Illinois, anyone convicted of assault can face penalties for a Class C misdemeanor. You may not think that sounds very serious, but it can result in up to one month in jail, fines of $1,500, two years of probation, up to 120 hours of community service, and the requirement to pay restitution to the victim. Plus, it goes on your criminal record, which can significantly impact your future.

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 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.

If you’ve gotten charged with assault in Illinois, you may be unsure what to do next. No matter the circumstances of your assault charge, it’s vital that you understand what those charges mean.

Many people, for example, don’t understand the difference between assault and battery in Illinois. They also don’t understand the way in which the criminal justice system works in the state since their knowledge may be limited to the things they’ve seen on television and in movies.

To help give you a start, here is what you need to know about assault and battery, including some of the most prevalent myths that will do you no good to believe if you’re facing time behind bars.

Myth No. 1: Assault and Battery Are the Same

It surprises many people to find out that assault and battery are actually two separate crimes in Illinois.

Under the law in our state, a person commits battery if they cause physical harm to someone else or if they touch them in a provoking or insulting way. Punching, kicking, grabbing, or jumping someone would be considered battery. The contact only has to be minimal to meet the legal bar of battery.

Additionally, aggravated battery can get charged if there are other factors involved. For example, a significant injury, the victim being an elderly adult or a minor, the victim being a law enforcement officer, the victim having disabilities, or if a firearm or other weapon gets used in the commission of the crime.

Assault, on the other hand, doesn’t require any physical contact in order for someone to get charged. If you don’t have the authority to put another person in fear of harm coming to them, then the state law considers it assault. The scope of actions included in the assault are actions such as threats made verbally, brandishing a weapon to another, and physically attacking another without causing them injury.

You can also get charged with aggravated assault in Illinois, and many factors that elevate battery also elevate assault to an aggravated charge. Specifically, the victim’s status and the use of a firearm in the commission of the crime can elevate the charges.

Myth No. 2: If It’s Your First Offense, You Won’t Go to Jail

It’s unwise to assume that simply because you have no previous criminal record, you won’t do time behind bars for the crime of assault. The biggest factor in the penalties you face is the level of your assault charge.

In Illinois, simple assault is a Class C misdemeanor. While misdemeanors may not sound serious, they can still send you to jail. A Class C misdemeanor can send you to jail for up to 30 days and fines of as much as $1,500. You may also need to complete up to 120 hours of community service.

If you get charged with aggravated assault, you can face a Class A misdemeanor. A conviction can result in up to 12 months in jail and fines up to $2,500. Also, some aggravated assault cases get charged as Class 4 felonies, which involve a three-year prison sentence and fines of as much as $25,000.

Myth No. 3: You Don’t Really Need a Lawyer to Defend You

Even though you may not view assault as a serious crime, and even if you are facing a misdemeanor, you still need an experienced lawyer on your team. Not only does an attorney understand the law and how the court system works, but they can also work with you to formulate the best defense against the charges.

For example, one of the most common defenses to assault is that it was an act of self-defense. Only a lawyer with years of experience and an understanding of the law can make a legitimate case for self-defense on your behalf. As an affirmative defense – where you are, in effect, admitting to the act – it’s an argument that demands an experienced legal mind.

If you’re facing an assault charge, make sure you have appropriate representation. Don’t delay in getting an attorney to help you on your case since that will give you the best chance to defend yourself in court against these serious charges.

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 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.

Assault is a serious crime, but it can be even more serious based on who it is that was assaulted, as two assailants in Chicago may soon find out.

A city alderman was assaulted by two men outside a late-night bar in River North recently. He is fine and said the whole altercation, which included him being knocked to the ground, punched, and kicked.

A bar employee broke up the incident and the two men fled the scene. The alderman chose not to call the police, but now an investigation is underway according to Chicago’s mayor.

Being charged with assault is one thing, but the charges can be elevated based on the identity of the victim. Here’s what you need to know about assault charges in Illinois and how the victim’s identity could spell major problems for defendants.

Assault in Illinois

Under Illinois law, assault is defined as intentional conduct that makes a person afraid of violence. Words by themselves are not considered assault in the state, but taking actions such as raising a hand to someone as if you were going to strike them can be.

Threatening to beat someone up or make someone reasonably afraid they’re going to be hurt are two instances that could result in assault charges this way.

You often hear assault paired together with a battery crime, but they are two separate things. Battery occurs when actual contact is made such as kicking, hitting, punching, or pushing someone else.

Punishment for Assault in Illinois

Simple assault in the state is considered a misdemeanor offense. But serious acts of assault are felony offenses. If convicted of assault, then you can face several possible penalties for this Class C misdemeanor such as:

• 30 days in jail
• Fines of as much as $1,500
• Two years probation
• Up to 120 hours of community service
• Payment of restitution to the victims

If found guilty of battery, you can face these possible penalties for a Class A misdemeanor:

• As much as one year in jail
• Fines of as much as $2,500
• Two years probation
• Payment of restitution to the victims

Aggravated Assault

You may look at the above penalties and think they’re not that bad, but if you are found guilty of aggravated assault, then you may see things from a whole new perspective. Aggravated assault is charged when:

• The victims is a police officer, firefighter, or government employee
• The defendant used caustic or flammable material to cause disfigurement
• The victim was over age 60 or was physically disabled
• The victim is a school employee or teacher and the crime took place on school property

Aggravated assault is a Class A misdemeanor and is punishable by up to one year behind bars and as much as $2,500 in fines. But if a weapon was used, then it becomes a Class 4 felony, punishable by up to three years in prison and fines of as much as $25,000.

Aggravated battery can be elevated to a Class 1 felony if the act was intentional. However, if a firearm is used it becomes a Class X felony in Chicago, which is punishable by up to 60 years in prison if they’ve had prior violations.

What may not seem like a big deal at the time can turn into some serious crimes in the end if someone you assault or batter turns out to be in a protected group. That should give anyone pause to think twice before they get involved in an altercation with another person.

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.

We’re in tough times. People are scared and hunkering down with as much food and toilet paper as they can. So when stores don’t have the supplies that a person needs to keep their family safe, tensions rise.

If you’ve been shopping at grocery stores lately, you might have noticed police standing around. This is because here in Illinois, squad cars have been called to local Sam’s Clubs to enforce social distancing and control any situations that get out of hand.

These officers haven’t been “just standing around,” either. Video of shoppers during this pandemic resembles Black Friday shopping.

Shoppers who have engaged in fights are highly likely facing assault and battery charges, even when no one was harmed during the scuffle.

If you face these charges yourself, it’s important to know what you’re up against. A simple assault charge may severely limit you, even after this global pandemic is over.

Stay calm, and keep reading…

What Is an Assault and Battery Charge in Illinois?

Most people equate assault charges with bar fights or serious scuffles. In Illinois, however, you don’t have to lay a finger on anyone to be charged with assault. Here’s how Illinois state law defines assault: any action that puts another person in fear of battery.

A simple threat could be considered assault. You don’t have to go through with it. Just putting the thought out there, and putting someone in fear, is enough for the police to make an arrest — and right now, law enforcement isn’t messing around.

If you were to put your hands on someone, you might be charged with battery. Someone commits battery if they cause “bodily harm” to another person. Still, bodily harm isn’t always the standard. Engaging in any sort of “insulting, provocative, or unwanted physical contact” may be considered battery.

Furthermore, when aggravating factors are present (firearms, the victim was a police officer, etc.,) the defendant may face enhanced charges with higher penalties.

Penalties for Assault in Illinois

Penalties for assault and battery depend on the nature of the crime, whether aggravating factors were present, and the criminal history of the defendant.

• Simple assault is a Class C misdemeanor in Illinois. Offenders may face up to 30 days in jail and up to $500 in fines.
• A simple battery charge is considered a Class A misdemeanor. Penalties are increased to up to one year in jail and plan on your fine doubling.
• Aggravated assault or battery charges are felony crimes, although in some cases aggravated assault may be charged as a Class A misdemeanor.

Defense Strategies for Assault Charges in Illinois

Shopping at Sam’s Club or any grocery store over the last few weeks hasn’t been your ordinary trip to stock up, that’s for sure. That won’t be a valid argument in court — that your emotions got the best of you — though.

Not exactly. Illinois’ “crime of passion” laws only apply to really serious crimes like manslaughter or homicide. Telling a judge that you were angry at toilet paper shortages won’t get you a pass.

You can build a defense strategy, however, around self-defense or defense of property. Officers may not be able to understand the full story when they are called in to break up a fight.

While one person may look like the aggressor, they were just defending themselves. A judge may drop your charges (or give you probation) if they believe that you were just trying to protect your family.

When will you have your day in court? The answer isn’t so clear. Reach out to a criminal defense lawyer for information about how Illinois courts are handling lockdown. You may have more time than you think to build a strong defense strategy and avoid a conviction.

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.

That said, Illinois law does charge episodes of assault and battery separately from domestic violence. Additionally, domestic assault convictions usually carry more severe criminal consequences, and are met with a host of civil consequences that could affect many aspects of your daily life.

So, where exactly does Illinois draw the line between the two crimes? Below, we’re going to cover how Illinois distinguishes simple assault from domestic assault, and the criminal and civil consequences associated with domestic violence.

Illinois Domestic Violence Act

Assault and domestic assault comprise the same physical act of inflicting or threatening bodily harm to another. The difference between these two offenses is fairly simple and straightforward — it solely depends on the defendant’s relationship with the alleged victim.

The Illinois Domestic Violence Act covers violence that occurs within many types of intimate and family relationships:

• Spouse or former spouse
• Current or former dating relationship
• Parent or stepparent and child
• Parents who have a child together
• People related by blood through a child
• Blood relatives
• Current or former roommates
• Caregiver and disabled elderly adult

Under this Act, violence committed within any of these relationships is considered domestic violence. If none of these relationships exist between victim and alleged perpetrator, then the charge is more likely to be simple assault.

Let’s take a look at actual domestic violence charges in more specific detail.

Illinois Domestic Battery

Domestic battery is a Class A misdemeanor punishable by up to 12 months in jail, probation, fines and possible counseling.

When certain circumstances are met, however, domestic battery charges may be elevated to a Class 4 Felony punishable by 1-3 years in prison. Factors that lead to these more severe charges include:

• Having prior domestic battery convictions
• Using a firearm during the commission of the crime
• Presence of a child at the time of battery
• Involvement of sexual assault

The presence of these factors does not, however, signify aggravated domestic battery. Aggravating factors are separate from what has been outlined above.

Illinois Aggravated Domestic Battery

Aggravated domestic battery occurs when:

• The defendant caused great bodily harm to the victim
• The offense resulted in permanent disability or disfigurement of the victim

Aggravated domestic battery is a Class 2 Felony punishable by 3-7 years in prison. Under some cases, the term can be extended to up to 14 years.

Domestic Violence Civil Penalties

Although the criminal consequences of domestic violence are already severe, the civil consequences are a completely separate matter, and often have profound effects on defendants’ lives.

Protective Orders

Before charges are ever even brought against you, simply being accused of domestic violence will most likely land a protective order against you. This order requires you to stay away from the alleged victim.

This means that if you live together, you’ll be required to leave your home. If you’re convicted, the protective order will most likely be extended.

Firearm Possession

This type of crime also affects your right to bear arms. A domestic battery conviction automatically prohibits you from owning or possessing a firearm.

If you have been charged, you’ll be forced to give up any guns you own, and if convicted, you won’t be able to get them back.

Child Custody

Child custody and visitation are always determined by what the court considers to be in the best interest of the child.

A domestic violence conviction is therefore likely to reduce contact with your children, or potentially result in the complete loss of child custody and/or visitation.

Treatment Programs

In an effort to help rehabilitate offenders, those convicted of domestic violence are often required to complete (and pay for) domestic violence or anger management treatment programs. These programs take up a lot of time, and can also be very costly.

Clearly, a domestic assault conviction has many repercussions, including jail time and far-reaching civil consequences.

However, a charge does not equate to a conviction. Be proactive to fight back and beat any domestic violence 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.

The social attitude toward child discipline has shifted over the last several decades so that many disciplinary actions previously viewed as ordinary are now understood to be harming some of the most vulnerable people in society, and the severity of the penalties and sentencing associated with criminal child abuse charges reflect that. However, the array of punishment varies widely and ultimately depends on the specific actions taken.

One topic that remains hotly debated is corporal punishment. Is it effective? Is it ethical?

When does it become excessive? These are all questions that have been raised for decades, and the current turn of the tide is to discourage hitting as a punishment altogether.

While corporal punishment is legal under Illinois law, the courts seem to be redefining the line between effective and excessive according to the new social norm.

If you are a parent currently facing child abuse charges for what you believe to be an acceptable level of corporal punishment, an experienced Chicago criminal attorney will be able to help you best organize the facts of your case in defending your right to privacy and how you raise your child(ren).

Corporal Punishment Is Legal in Illinois – Excessive Corporal Punishment Is Not

In this state, the Fourth District Appellate Court clearly stated in 1994 that a parent does in fact have the right to administer corporal punishment, as it is derived from the protection of a parent’s right to privacy in determining how to care for, control, and discipline his or her own child.

However, the term “discipline” in the same statement is interpreted by the courts to extend only as far as “reasonable punishment,” and the courts’ stance is that the State has a legitimate interest in the welfare of juveniles, including protecting them from unreasonable parental discipline.

The question for Illinois residents then, becomes: “When does a parent who utilizes corporal punishment exceed what is considered reasonable in a court of law?”

The Shift in Social Attitude Is Affecting Illinois Court Rulings

It used to be that the extent of visible physical injury effected a case more than anything else. Today, however, things are changing. Due to advances in the field of psychology and research on the psychological effects of hitting a child and how corporal punishment is administered, the courts now consider other factors with equal, if not more, weight.

Both the psychological effects of the discipline administered and the circumstances surrounding the discipline (whether the parent was calmly attempting to discipline or lashing out in anger, for example) are evaluated.

Additionally, the degree of physical injury inflicted upon a child in a present case is not exclusively considered in determining the reasonableness of parental conduct. The courts also think critically, now, on what the injury may say about the likelihood of future punishment, which may be more injurious.

We currently see an alignment with the new social norm of anti-corporal punishment through an increasing number of Illinois child abuse case rulings which reflect an unwillingness to regard parental conduct as reasonable – particularly when parents use boards, belts, cords, ropes, or other weapons to inflict corporal punishment.

When Corporal Punishment Means Criminal Charges

Illinois’ Abused and Neglected Child Reporting Act defines corporal punishment as the use of physical punishment with the intent of inflicting pain, including spanking, hitting, pinching, slapping, or other means. However, the same acts could be construed as criminal when interpreted against a number of other Illinois law.

For instance, any situation in which one person makes actual physical contact with another with intent to injure, that person can be charged with simple battery – a crime that carries a maximum sentence of one year in jail and a $2,500 fine. Corporal punishment is specifically defined as making physical contact in order to inflict pain. It is easy to see how subjective interpretation of a situation can complicate things.

Spank your child in public and someone believes your discipline to be excessive, and suddenly you’re facing aggravated battery charges according to how an aggravated battery “offense based on location of conduct” is outlined (720 ILCS 12-3.05(c)).

Worse, if your child is under 13 and you can’t provide legal (and acceptable) justification to the court for causing the “bodily harm,” you’re looking at some extremely serious penalties.

While we recognize the science – child abuse does inflict severe emotional damage in children, which can have lifelong consequences – societal hypervigilance as we navigate new territory on the matter can cause misinterpretations, and we see this happen every day. Do not allow yourself to become a casualty of our changing norms.

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.

Being arrested by a law enforcement officer is something that no one ever wants to experience. The arrest process is, to say the least, unnerving, leaving the accused flustered and more prone to making lapses in judgement. Unfortunately, law enforcement is well aware of this, and officers often take advantage of the situation by tricking the accused into incriminating themselves.

If you’re arrested following an alleged assault, you may not necessarily be charged with a crime. In fact, the decisions you make during and following your arrest may greatly impact your likelihood of ultimately being charged with assault or a related offense.

Knowing what to expect ahead of time will help you make the right judgement calls should you ever be arrested. That’s why we’ve provided a guide of what the arrest process should look like in Illinois, and how to avoid incriminating yourself once in police custody.

The Basics on Miranda Rights

When you are arrested by a police officer, this means that you are in police custody and are not free to leave. If you are arrested, you will be taken to a local police station. If the police believe that there is sufficient evidence to prove you committed a crime, you will be charged. However, if police believe that they need more evidence, they may hold you in custody for a limited time for questioning.

Before police can question you, they must notify you of your Miranda rights, which you’ve probably heard on TV before:

• You have the right to remain silent.
• Anything you say can and will be used against you in Court.
• You have the right to have an attorney present while you are being questioned.
• You will be provided with an attorney if you cannot afford one.

This part of the arrest is very important. If police fail to notify you of your Miranda rights, they cannot use any statements made during questioning against you in court. However, this does not apply to any statements made voluntarily prior to being notified of your rights.

We cannot emphasize enough that you absolutely should not speak to the police without an attorney present – under any circumstances. Many people mistakenly believe that if they explain the situation to the police, they’ll be free to go. Unfortunately, this usually isn’t the case.

Even if you believe yourself to be completely innocent, you may still be tricked into incriminating yourself. Police are even allowed to lie during questioning – for example, by stating that they have witnesses or evidence implicating your guilt, when they in fact do not.

You should always have a criminal defense attorney present before speaking to police. An attorney will advocate for you and protect you from common tactics used to trick suspects into admitting guilt.

Two Types of Assault Arrests in Illinois

If you are charged with assault, you will be processed at the police station. What happens next depends on whether you are being charged with felony or misdemeanor assault.

Misdemeanor Arrest. In Illinois, simple assault is charged as a misdemeanor. In this case, you will be allowed to post bond at the police station, and will be given a court date.

However, if you are charged with misdemeanor domestic battery, you may also be taken to court for a bond hearing, and for the judge to impose any necessary restrictions, for example protective orders for the alleged victim.

Felony Arrest: Aggravated assault may be charged as a felony. If charged with a felony, you will be processed at the police station. Your picture and fingerprints will be taken, and you will be run through a computer system to pull up your entire criminal background. You will then be taken to Bond Court for a bond hearing.

Remember: what you do following your arrest often determines whether you will ultimately face criminal charges. Be aware of your rights, and never speak to police without an attorney present.

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.

Nearly four years ago, a Chicago police officer shot a teenager 16 times from 10 feet away. The teen had been behaving erratically while walking down the street, and at the time of the shooting was holding a folding knife with a three-inch blade. He did not obey police commands to drop the weapon, and then was shot.

The Chicago Police initially ruled the shooting justified. However, dashcam footage released 13 months later revealed that the teen was walking away from the police at the time of the shooting. Further, the knife he was carrying was closed when he was shot.

The officer responsible has since been charged with six counts of first-degree murder, and will soon go to trial. In order to find the officer guilty of murder, the prosecution must prove that he acted “without lawful justification” – that the use of deadly force was not justified.

According to Illinois law, a police officer is justified in using deadly force when it is “necessary to prevent the arrest from being defeated by resistance or escape” when the person “has committed or attempted a forcible felony which involves infliction or threatened infliction of great bodily harm” or is “attempting to escape by use of a deadly weapon.”

The officer’s defense team argues that both of the above were applicable, as the teen had just committed a burglary at a nearby truck depot, and was using the knife in an attempt to evade arrest. The prosecution, however, contends that the officer had no knowledge of the burglary at the time of the shooting, and that the teen was not using the knife to evade arrest.

It is difficult to know how this high-profile case will play out, but what about the rest of us? What rights do we have as citizens to defend ourselves and our property? Where does Illinois draw the line between self-defense and assault?

How the Law in Illinois Defines Self-Defense

Preservation of life and evasion of bodily harm is a primal instinct, and it is what a reasonable person would do under threat of death or bodily harm.

Self-defense laws are intended to give us the right to protect ourselves from injury or death by using some degree of force. Generally speaking, self-defense refers to defending yourself, and also to defending your property and other persons in threat of death or bodily harm.

However, self-defense laws also state that use of force is only justifiable under certain circumstances, and that the amount of force used in self-defense must be reasonable. For example, use of force to defend oneself is only justifiable if retreat from the situation is not possible. Further, the amount of force used must be proportional to the threat or perceived threat of your alleged attacker. If the use of force is not justified, this is considered assault.

Closely related is the use of force to protect a dwelling or property. Under Illinois’ “Castle Doctrine” you are not required to retreat from danger before using force against an attacker. However, you are only justified in using force if you reasonably believe that it is necessary to prevent bodily harm or the commission of a felony by the intruder.

When Illinois Defendants Plead Self-Defense

Self-defense is one of the most common defenses for Chicago assault charges. In many cases self-defense is applicable to assault charges, but for your defense to hold up in court, certain elements must be present.

Use of Force to Defend Against Bodily Harm

Under Illinois criminal code 720 ILCS 5, you are allowed to use force against another person when you (or a reasonable person) believe that such force is necessary to defend yourself or someone else from impending violence or bodily harm.

However, you are only allowed to use deadly force or force that may inflict great bodily harm when you reasonably believe that this degree of force is necessary to prevent imminent death or great bodily harm to yourself or another, or the forcible commission of a felony.

Use of Force to Protect a Dwelling or Property

It is also lawful to use physical force to protect your home or property. However, you are only legally allowed to use force to protect your home under the following circumstances:

• The intruder entered your home illegally, and you believe that the use of force is necessary to prevent an assault; or
• You believe that force is necessary to prevent the intruder from committing a felony within your home.

Bottom line?

As a citizen, you have a right to protect yourself against threats to your safety or property. However, it’s important to be aware of how exactly Illinois defines self-defense, so that you react appropriately if you’re ever involved in a situation where self-defense is necessary.

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.

When you hear that someone has been charge with assault, you might imagine a physical attack that ended up with someone going to the hospital. A fight where weapons were involved. Or maybe domestic abuse.

However, under the laws of our state, assault is far easier to commit than that. You don’t even have to touch anyone to receive a charge – that’s reserved for battery. By the letter of the law, all you need to do to assault someone is make them afraid that you’re about to harm them.

In other words, “assault” is basically making an immediate physical threat that someone believes you intend to carry out. For example, saying, “I’m going to punch your lights out,” could technically be deemed assault.

When you put it like that, assault doesn’t seem like such a big deal, but unfortunately, the consequences of being convicted of assault are very serious. Even simple assault – a class C misdemeanor – comes with the possibility of up to 30 days in jail and up to $1,500 in fines, and aggravated assault carries penalties of up to three years in prison and up to $25,000 in fines.

Because of this, it is absolutely vital that you work with a skillful Chicago assault attorney to put together the strongest possible defense. Below are some of the most common strategies that can help you to fight an assault charge.

Defenses That May Help to Combat Your Illinois Assault Charge

Unreasonable fear. Remember, to be convicted of assault, the prosecutor must be able to show that your actions made the alleged victim feel that they were in immediate danger. Because of this, it may be possible to argue that a reasonable person would not have felt enough fear to constitute an assault charge.

For example, it could reasonably be argued that simply saying you’re going to punch someone should not have caused enough fear to bring about an assault charge. However, if you screamed it at them while slamming your fists against a table and waving your arms around, their fear would be more understandable.

Self-defense, defense of others, and defense of property. These are actually three different potential defenses, but they have many similarities. The basic idea behind a “defense” defense is that you acted in a threatening manner because you felt threatened or were attempting to protect someone or something else.

For this defense to work, your lawyer will need to show both that you were acting in defense (of yourself, others, or your property) and that your actions were a reasonable response to the degree and type of threat present. Pulling a gun to defend against the threat of a punch, for example, might not constitute a “reasonable response.”

Consent. If available, this one is an interesting strategy because you are essentially saying “yeah, I did it, but they agreed to it.”

As such, it can be difficult to argue since you must be able to convincingly show that the other party gave permission for you to act in an assaultive manner. Even if you are able to establish that permission was given, the prosecutor will then likely attempt to argue that your acts exceeded that permission.

Alibi. So far, all of the defenses mentioned have been some form or other of affirmative defenses. These types of strategies admit that you did engage in the act but argue that there are reasons why your actions should not be considered criminal.

An alibi is different. It is an argument that you not only did not commit the act, but that you can show it was impossible for you to have done so because you have evidence that you were elsewhere at the time.

Mistaken identity. This one can be particularly strong when paired with an alibi, but it is possible to use even if you were present but did not commit the act in question. Perhaps the victim confused you with someone who was in your party – or with someone else entirely – because you possess similar physical characteristics.

For this one to work, you will want supporting evidence, such as witness testimony or security footage, showing that you were not the perpetrator.

Beating Your Illinois Assault Charge Starts with Finding a Skilled Lawyer

When you’re up against an assault charge, any of these defense strategies may apply – or you may end up using a different argument altogether. Because which strategy is best will depend on the specific circumstances of your case.

That’s why it’s so important to work with a knowledgeable Chicago criminal attorney who has a track record of success in these types of cases. He or she will be able to look at your unique situation and craft a defense most likely to lead to a positive outcome for you. Get started today by reaching out to our office.

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.