Aggravated Assault

Aggravated Assault Charges in Chicago, Illinois

Aggravated assault is a serious criminal charge in Illinois, with significant penalties that can include jail time, fines, and a permanent criminal record. In Chicago, where law enforcement takes violent crimes very seriously, being accused of aggravated assault can lead to aggressive prosecution. If you are facing aggravated assault charges, it is crucial to understand the nature of these charges, the potential penalties, and the importance of having an experienced defense attorney to protect your rights and your future.

What Constitutes Aggravated Assault in Illinois?

Under Illinois law, specifically 720 ILCS 5/12-2, aggravated assault is defined as an assault that is elevated due to certain aggravating factors. An assault typically involves an action or threat that puts another person in reasonable fear of imminent harm. Aggravated assault occurs when certain conditions are met, such as:

• Use of a Deadly Weapon: If the assault is committed with a deadly weapon, such as a firearm, knife, or any object that can cause serious bodily harm, the charge is elevated to aggravated assault.
• Assault on a Protected Person: Assaulting certain individuals, such as police officers, firefighters, teachers, or other public servants while they are performing their official duties, can result in an aggravated assault charge.
• Location of the Assault: Committing an assault in specific locations, such as on public property, school grounds, or in public transportation facilities, can also elevate the charge to aggravated assault.
• Intent to Cause Harm: If the assault is carried out with the intent to cause significant harm or if it involves specific intent, such as attempting to prevent someone from performing their official duties, it can lead to aggravated assault charges.

Penalties for Aggravated Assault in Chicago

Aggravated assault is classified as a Class A misdemeanor or a Class 4 felony in Illinois, depending on the circumstances and the specific aggravating factors involved. The penalties for a conviction can be severe:

• Class A Misdemeanor: If charged as a Class A misdemeanor, aggravated assault can result in up to one year in jail and fines of up to $2,500.
• Class 4 Felony: If charged as a Class 4 felony, the penalties increase to 1 to 3 years in prison and fines of up to $25,000. In some cases, probation may be available, but this will depend on the specifics of the case and the defendant’s criminal history.
• Permanent Criminal Record: A conviction for aggravated assault will result in a permanent criminal record, which can have lasting effects on your ability to secure employment, housing, and other opportunities.

Aggravated Assault in Chicago: Local Enforcement

In Chicago, law enforcement and prosecutors take aggravated assault charges very seriously, particularly when they involve the use of weapons or assaults on protected individuals like police officers. The Chicago Police Department, along with the Cook County State’s Attorney’s Office, actively investigates and prosecutes these cases. Given the city’s focus on reducing violent crime, those charged with aggravated assault can expect to face determined prosecution and potentially severe penalties.

Defending Against Aggravated Assault Charges in Chicago

Facing aggravated assault charges requires a strong and strategic defense. Andrew M. Weisberg brings extensive experience as a former Cook County prosecutor to these cases, offering unique insights into how the prosecution builds its case. His deep understanding of the law and prosecutorial tactics allows him to craft a defense strategy that addresses the specific elements of your case.

Andrew understands that being charged with aggravated assault can be a highly stressful and overwhelming experience. His approach emphasizes clear communication and personal attention, ensuring that you are fully informed and involved in every aspect of your defense. Andrew is committed to providing vigorous legal representation while offering the support and guidance you need during this challenging time.

Strategic Defenses for Aggravated Assault Charges

Successfully defending against aggravated assault charges involves exploring various legal strategies, depending on the circumstances of your case. Some potential defenses that Andrew may consider include:

• Self-Defense: If you acted in self-defense or in defense of others, this could be a crucial defense strategy. Illinois law allows individuals to use reasonable force to protect themselves or others from imminent harm, and Andrew will work to demonstrate that your actions were justified under the circumstances.
• Lack of Intent: A key element of aggravated assault is the intent to cause fear or harm. If your actions were unintentional or if the prosecution cannot prove that you intended to cause harm, this could weaken their case.
• Mistaken Identity: If there is any doubt about whether you were the person who committed the alleged assault, Andrew will investigate the evidence, including witness testimony and any surveillance footage, to uncover inconsistencies or errors.
• Violation of Rights: Any violation of your constitutional rights during the investigation or arrest—such as unlawful search and seizure, coerced confessions, or improper evidence handling—can be pivotal in your defense. Andrew will meticulously review the circumstances of your case to identify any such violations and challenge the admissibility of improperly obtained evidence.

Why Andrew M. Weisberg is the Right Choice for Your Defense

When facing aggravated assault charges in Chicago, having an experienced and dedicated defense attorney is crucial. Andrew M. Weisberg offers the distinct advantage of having worked as both a prosecutor and a defense attorney, providing him with unique insights into how these cases are prosecuted and how best to defend against them.

Andrew’s commitment to his clients is reflected in his thorough approach to each case, his clear communication, and his unwavering dedication to achieving the best possible outcome. If you or a loved one is facing aggravated assault charges, you need an attorney who will fight for your rights and provide the legal and emotional support you need.

Call Andrew M. Weisberg today at (773) 908-9811 for a free consultation. Aggravated assault charges can have serious and lasting consequences, and Andrew is ready to provide the defense you need to protect your future.