Assault and Aggravated Assault

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The following is a general overview of a defense to an Illinois Assault or Aggravated Assault prosecution. Every case is unique and the law is constantly changing, so there is no substitute for having the facts of your case analyzed by an experienced Illinois Assault and Aggravated Assault lawyer.

Illinois Assault Law: The Least You Should Know

In Illinois, an Assault is putting another in fear of being hit. 720 ILCS 5/12-1. Unlike battery or aggravated battery, you do not need to actually make contact with another to commit an assault. Simple assault is a Class C Misdemeanor punishable by up to 30 days in jail and a fine of up to $1500.

Illinois Aggravated Assault Law: The Lease You Should Know

A Simple Assault can be upgraded to an Aggravated Assault based on a wide variety of accompanying conduct. 720 ILCS 5/12-2. Using a deadly weapon, using a laser pointer in conjunction with a firearm, wearing a hood, and committing a simple assault against a teacher, cop, the handicapped, or the elderly, are some examples of conduct that transform a simple assault into an aggravated assault. Aggravated Assault can be as serious as a Class 4 Felony punishable by 1-3 years imprisonment and $25,000 or a Class 3 Felony punishable by 2-5 years imprisonment and $25,000.

Five Ways to Beat Your Illinois Assault or Aggravated Assault Charge

The strategies for beating an Assault or Aggravated Assault case are similar to the strategies for beating Battery and Aggravated Battery accusations:

Proving Self-Defense in Illinois Simple Battery, Aggravated Battery, and Homicide Cases

Five Ways to Beat an Assault or Aggravated Assault Charge

What are my settlement options?

I recognize that your goal is to protect your record and get your case dismissed, with as little cost, time, effort, and risk as possible. In many cases, you will have the benefit of working with an intelligent prosecution that realizes that education, support, and rehabilitation, creates the most benefit for the accused as well as for society as a whole. Anger management counseling, community service, and continuing education are excellent ways to address the root of the problem and may result in a dismissal of your case without conviction or guilty plea.

For a more detailed look at settlement options, please read my blog post "Avoiding a Criminal Conviction in Cook County and Illinois".

Call for a Free Case Evaluation

Facing an Assault or Aggravated Assault prosecution may be the most stressful thing you will ever go through in your life. I’ve helped hundreds defeat criminal charges, or at least control the damage they can cause, and I can guide you through the complex road ahead. If there is a way to beat your case, I will find it. If there is a way to settle your case quickly while keeping your record clean, I will find it. On the way phone calls and email will be answered promptly and you will have direct access to me personally.

Call me at 312.789.8050 or contact me online for a free consultation.