In Chicago, pointing a knife at someone may get you arrested for an assault. The other party, though, has to believe they were in imminent danger of receiving battery in such a case. Although assault charges in Illinois carry different penalties based on the offense, it often includes a fine or jail time.
If you are involved in an assault, securing legal counsel may be vital. At the Hirsch Law Group, our assault lawyers have helped several clients in Chicago and its surrounding counties, such as Boone County, Lake County, and Will County, among many others. We understand the intricacies of defending assault charges and can help protect your rights.
Read on to find out more about assault offenses and specific ways our assault lawyers can assist you.
You commit assault when, without lawful authority, you knowingly behave in a way that places another person in reasonable apprehension of receiving a battery.
Although people use the terms assault and battery interchangeably, they have different meanings. Battery involves causing bodily harm or making physical contact of an insulting or provoking nature. It is intentional and done without legal justification.
Assault, however, needs no physical contact or ability to carry out the threat. Instead, it is enough if the alleged victim believed the danger was imminent. For instance, pointing a realistic toy gun at someone may be assault even though you were not in a position to carry out the threat.
Assault cases may benefit from the services of a qualified criminal defense lawyer in Chicago. A criminal attorney from the Hirsch Law Group can thoroughly investigate your case. We understand criminal law and can represent you in court.
In Illinois, an assault can be categorized in two different ways. Let us have a closer look at them below.
As discussed above, simple assault occurs when you threaten someone with violence but without physical contact.
Penalties: Classified as a Class C misdemeanor, a simple assault is punishable by up to thirty days in jail and fines of up to $1,500 or both. The courts, by discretion, may order a two-year probation. Your sentence may also include 30 to 120 hours of mandatory community service.
An aggravated assault does not involve physical contact but is characterized as such based on many factors. These include:
An assault committed in a public place or property, such as a place of worship or a sports venue, is classified as an aggravated assault.
An offense is categorized as an aggravated assault when someone knowingly assaults individuals such as:
A police officer, fireman, or correctional officer
A teacher, park district employee, or community policing volunteer
A person over sixty or with a physical disability
A paramedic or ambulance operator
A person is said to commit an aggravated assault when they do any of the following while committing an assault:
Use a deadly weapon or air rifle
Use a mask to conceal their identity
Discharge a firearm from a motor vehicle
Record an offense with the intent of circulating the recording
Aggravated assault may be categorized as a Class A misdemeanor, Class 4 felony, or Class 3 felony, depending on the facts of each case.
A Class A misdemeanor is punishable by up to 1 year in jail, up to $2,500 in fines, or both. A judge may also prescribe a 24-month probation period instead.
The penalty for a Class 4 felony is imprisonment between one to three years, whereas, a Class 3 felony carries a prison sentence of two to five years. A conviction may also result in a fine of up to $25,000. The court can also order a 30-month probation period as an alternative to imprisonment.
Regardless of the type of assault committed, the charges are serious. Our personal injury lawyers at the Hirsch Law Group know how to defend these cases. We also know the legal strategies that can be applied to reduce a felony charge to a misdemeanor in some instances.
Without an assault attorney guiding you, you may face harsh penalties, potentially affecting your life forever. A knowledgeable criminal defense lawyer can give you peace of mind. When dealing with assault or battery charges, time is of the essence. A delay may result in a conviction that can affect your future.
At the Hirsch Law Group, we can use our experience, knowledge, and skill to defend your rights and assist you with the following:
Case Review: Our legal team understands both state and federal criminal law. Our knowledge enables us to represent several clients facing criminal charges. We can review your case and determine if any defenses are available.
Police Interrogation and Bail: After an arrest for assault, you will most likely be questioned by the police. Our lawyers can inform you of your rights and guide you in responding to their questions. We can also help you secure bail pending your criminal trial.
Plea Bargaining and Negotiations: With the help of our assault lawyer, you may be able to avoid a criminal conviction. We can also negotiate with the prosecution to award supervision as an alternative to imprisonment. Alternatively, if an acquittal is impossible, we can try to negotiate a lower sentence with the prosecution.
Representation in Courts: If the victim brings an assault or battery lawsuit against you, we can represent you. Our assault and battery lawyers can fight for you and help you get justice.
Are you facing felony or misdemeanor charges due to assault? Do you reside in the State of Illinois? If your answer to both the questions is yes, then you can consider seeking the help of an experienced Chicago assault lawyer.
At the Hirsch Law Group, our lawyers are well-versed in defending assault cases. We have defended several clients charged with simple and aggravated assault.
We can analyze all the relevant facts of the case and discredit witnesses’ statements. We can also advise you on effective methods for dismissing a case. To learn more about assault or any other violent crime, contact us to schedule a free consultation with a criminal defense attorney today!