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.

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.

All of these consequences pale, however, in comparison to when an assault is also deemed a hate crime. In other words, if prosecutors can prove that a defendant assaulted the victim based on identity, nationality, religion, race or sexual orientation, they will no doubt have much more serious criminal consequences to pay.

Hate crimes often result in public outcry and significant damage to the defendant’s reputation. Due to the stigma of this offense, many hate crime offenders find themselves ostracized by friends and family long after their sentences are complete.

Below, we provide an overview of Illinois assault and battery laws and the circumstances under which an assault could also be considered a hate crime. We also discuss the criminal penalties you could face if convicted.

Illinois Assault and Battery Laws

Although assault and battery are often included in the same sentence and are sometimes used interchangeably, these are actually two separate but related offenses in this state.

Here are the differences between them.

Assault and Aggravated Assault

Illinois defines assault as intentionally causing the victim to be reasonably fearful of imminent violence and bodily harm through the use of threats or other intimidation tactics.

For the charge of assault to apply, the threats must be made in an angry or menacing manner, and the defendant’s conduct must be consistent with the threat. If the defendant’s words and conduct cause the victim to fear imminent bodily harm, this is assault.

Simple assault is charged as a Class C Misdemeanor. That said, certain factors can enhance your charges to aggravated assault when present. Aggravating factors include:

• Use of a deadly weapon, or an object designed or manufactured to look like a firearm
• Concealment of the defendant’s identity
• Using a vehicle to threaten the victim
• Intentionally recording the assault in order to disseminate it
• Commiting the assault in a public place or place of worship

Aggravated assault is charged as a Class A Misdemeanor or low-level felony depending on the circumstances of the alleged offense.

Battery and Aggravated Battery

The related charge of battery, on the other hand, involves actual physical contact. The victim must believe the contact to be harmful, provocative or insulting — pushing, shoving or intentionally causing bodily injury are all examples.

Simple battery is classified the same as assault, a Class A Misdemeanor. Many of the aggravating factors present in a situation of aggravated battery are the same as assault, but also include these different ones:

• Knowing commission of acts of violence that cause the victim great bodily harm
• Strangling the victim
• Covering the victim’s nose or mouth during commission of the offense
• Discharge of a firearm that causes an injury to the victim
• Providing the victim a substance that causes great bodily harm on consumption

So when does assault turn into a hate crime here in Illinois?

When Assault in Illinois Falls under State Hate Crime Laws

If the defendant committed the assault or battery against a certain victim based on that person’s identity, this is also considered to be a hate crime. Under Illinois law, the following are a person’s (or group’s) protected identifying characteristics:

• Race
• Color
• Creed
• Religion
• Ancestry
• Sexual orientation
• Gender
• Gender identity
• Any disability
• Country of origin

Illinois law enforcement is currently dedicating more time and energy towards stamping out hate crimes, meaning that we can expect this charge to become more common.

Hate Crime Sentencing and Penalties in Illinois

If you commit an assault that’s also deemed a hate crime, you will face the hate crime charges in addition to the assault charges you receive. That’s right, you face potential criminal penalties for both charges related to the single offense.

Hate crimes are considered to be a Class 4 Felony for first-time offenders. However, if the defendant has prior hate crime offenses or certain aggravating factors are present, this may be charged as a Class 3 or Class 2 Felony. These offenses are punishable by anywhere between one and seven years of imprisonment, and fines up to $25,000.

In addition to the criminal penalties for hate crimes, defendants frequently also face harassment from the public, loss of employment, and even become ostracized by friends, family, and other loved ones. The damage to the defendant’s reputation is often one of the most severe consequences of a hate crime conviction.

This is why it’s so important to know that laws surrounding hate crimes in Illinois, and to be proactive in fighting back to beat any charges against you and to restore your good name.

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.