CHARGED WITH ASSAULT IN CHICAGO? ANDREW M. WEISBERG CAN DEFEND YOUR RIGHTS
Many people are surprised to learn that you can be arrested for assault in Illinois even if no physical contact occurred. Under Illinois law, assault is defined as placing another person in reasonable apprehension of an imminent battery. In other words, if someone believes they are about to be harmed—whether or not any contact is made—you can face criminal charges.
For example, swinging a baseball bat toward someone, raising a fist, or making a threatening movement that causes fear of immediate harm may all qualify as assault, even if nothing actually hits the other person.
Assault is taken seriously in Chicago, and a conviction—misdemeanor or felony—can have lasting consequences. When your criminal record, freedom, or reputation is at stake, you need an experienced defense attorney who knows how to challenge the State’s case from the very beginning.
Understanding Assault Under Illinois Law
Illinois law classifies assault under 720 ILCS 5/12-1. A simple assault charge is typically a Class C misdemeanor, punishable by:
• Up to 30 days in jail
• Fines up to $1,500
• Court supervision or probation
• A permanent criminal record (unless certain relief applies)
But assault can quickly escalate into a felony when aggravating factors are present, such as:
• The alleged victim is a teacher, senior citizen, police officer, or other protected person
• A weapon or dangerous object is involved
• The assault occurs in a public place like a school, public way, or transit system
In these situations, assault charges may become aggravated assault under 720 ILCS 5/12-2, often carrying:
• Up to 3 years in prison for a Class 4 felony
• Up to 5 years for a Class 3 felony
• Fines up to $25,000
Because assault charges hinge on perception, intent, and context, these cases can be surprisingly defensible with the right strategy.
Defending Assault Charges in Chicago
A strong defense requires a careful examination of what “reasonable apprehension” really means. Prosecutors must prove:
-
The alleged victim genuinely believed they were in immediate danger
-
That belief was reasonable under the circumstances
-
You acted in a way that created that perception
Andrew M. Weisberg evaluates whether the State can meet that burden and looks for every opportunity to weaken the prosecution’s case. Defense strategies may include:
• Showing the alleged victim’s fear was unreasonable or exaggerated
• Demonstrating that your actions did not constitute a threat
• Exposing inconsistent witness statements
• Identifying self-defense elements
• Challenging the credibility of the complainant
• Establishing mistaken identity
• Raising constitutional issues such as unlawful arrest
Even a misdemeanor assault conviction can have serious consequences, making early legal intervention critical.
Why Assault Charges Can Be Misunderstood
Many people confuse assault with battery, but the two are very different:
• Assault (720 ILCS 5/12-1): Causing fear of imminent harm
• Battery (720 ILCS 5/12-3): Actual harmful or insulting physical contact
• Aggravated Battery (720 ILCS 5/12-3.05): Battery involving serious injury or specific aggravated factors
In some situations, police may overcharge a case or misinterpret events. Andrew can often negotiate reductions or clarifications that dramatically improve the outcome.
Why Choose Andrew M. Weisberg as Your Chicago Assault Attorney
When you’re facing assault charges, you want an attorney who not only understands the law—but understands the tactics prosecutors use to try to convict you.
Andrew M. Weisberg is a former felony prosecutor who handled violent-crime cases in both Cook and Will Counties before becoming a full-time defense attorney. This background gives him an invaluable edge when defending assault charges.
Clients trust Andrew because he provides:
• Strategic, aggressive defense designed for Chicago courtrooms
• Deep knowledge of Illinois assault and battery laws
• Personal attention—you work directly with Andrew, not a junior associate
• Honest guidance and clear communication throughout your case
• A track record of success in complex misdemeanor and felony matters
Andrew approaches every case with skill, preparation, and the understanding that your future is on the line.
Andrew M. Weisberg: Experienced, Dedicated, and Ready to Protect You
Facing an assault charge can be confusing and frightening. You may feel misunderstood, misrepresented, or unfairly accused. Andrew M. Weisberg takes the time to listen to your side of the story, explain your rights, and build a defense tailored to your unique situation.
You will always be fully informed, supported, and treated with the respect you deserve. Andrew’s commitment is to protect your rights, safeguard your record, and secure the best possible outcome.
Frequently Asked Questions About Assault Charges in Illinois
What is considered assault under Illinois law?
Assault occurs when a person intentionally engages in conduct that places another individual in reasonable fear of receiving a battery. No physical contact is required. Simply making someone believe they are about to be struck can be enough for an assault charge.
Is assault a misdemeanor or a felony?
Simple assault is typically charged as a Class C misdemeanor. However, it can become a felony if the alleged victim is a protected person, such as a teacher, police officer, senior citizen, or transit employee, or if the assault involves the use of a deadly weapon. Felony assault carries much more serious consequences.
Can I be charged with assault even if I never touched anyone?
Yes. Assault does not require actual physical contact. The key issue is whether the alleged victim reasonably believed they were in imminent danger of being battered. Actions, gestures, or threats can all result in an assault charge if they create that perception.
What is the difference between assault and battery?
Assault involves causing someone to fear they are about to be harmed. Battery involves actual physical contact that is insulting, provoking, or causes bodily harm. Many people misunderstand the difference, and cases are often mischarged or overcharged.
What are the potential penalties for an assault conviction?
A Class C misdemeanor assault conviction can result in up to 30 days in jail, fines up to $1,500, court supervision, community service, and a permanent criminal record. Felony-level assault carries the possibility of prison time and much higher fines.
Does an assault conviction stay on my record?
Yes. Criminal convictions, including assault, remain on your record permanently unless the charge is dismissed, supervision is successfully completed, or the case qualifies for sealing. Assault convictions generally cannot be expunged, making a strong defense essential.
Can assault charges be reduced or dismissed?
Yes. Many assault cases involve misunderstandings, conflicting statements, or insufficient evidence. A defense attorney may be able to negotiate a reduction to a lesser charge, obtain supervision, or have the case dismissed entirely by challenging whether the alleged fear was reasonable.
Do I have to go to court for an assault charge?
Yes. Assault is a criminal offense that requires a courtroom appearance. In most cases, your attorney can appear on your behalf for certain hearings, but defendants are often required to attend if the case proceeds.
Can self-defense apply to an assault charge?
Yes. If your actions were taken to protect yourself or another person from imminent harm, self-defense may apply. Establishing that the alleged victim was the aggressor can be a powerful defense in assault cases.
How can an attorney help defend an assault charge?
An attorney can review witness statements, challenge the credibility of the allegations, uncover inconsistencies in the police report, present mitigating evidence, and negotiate with prosecutors for the best possible result. Skilled legal representation is crucial because even a misdemeanor assault conviction can create long-term consequences.
Contact Chicago Assault Lawyer Andrew M. Weisberg Today
If you’ve been arrested or charged with assault in Chicago—whether simple or aggravated—time is critical. The sooner you have a skilled attorney on your side, the stronger your defense will be.
Call Andrew directly at (773) 908-9811, 24 hours a day, 7 days a week.
You can also fill out the Case Review form on our website for a fast and confidential response.
Your freedom and your future matter. Let Andrew M. Weisberg put his experience to work for you.
