Thank you for your interest in The Law Offices of Andrew M. Weisberg. Please fill out the form below and we will be in touch soon

  • This field is for validation purposes and should be left unchanged.

*Indicates Required Fields




(773) 908-9811

(773) 377-4310





(773) 908-9811



Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

blog_homeBlog Home

When a Plea Agreement May Be the Best Option in an Assault Case

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


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


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


Plea Agreement for a Suspended Sentence


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


Pleading Guilty to a Lesser Crime


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


Deferred Sentencing


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


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


About the Author:

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




Our Blog

Client Confidentiality: What to Expect From an IL Defense Attorney

Client & Attorney Confidentiality | Prostitution & Solicitation

In the realm of criminal law, where every case is unique, and every client’s situation is sensitive, the cornerstone of the attorney-client relationship is often defined by the principles of confidentiality.

For individuals facing legal challenges, such as those involving charges related to prostitution in Chicago, understanding what to expect from an Illinois defense attorney in terms of client confidentiality is paramount. This article aims to shed light on the intricacies of the attorney-client relationship, the importance of confidentiality, and [...]

Dos & Don’ts of Interacting with Law Enforcement in Chicago

Resisting Arrest

In a city as diverse and dynamic as Chicago, encounters with law enforcement can happen to anyone, anytime. Knowing how to navigate these interactions is crucial not only to protect your rights but also to reduce the risk of facing resisting arrest charges or other legal troubles. As criminal lawyers in Chicago, we’re here to provide you with practical advice on the dos and don’ts of interacting with law enforcement in the Windy City.


Remain Calm and Respectful: The [...]