Assault Lawyer In Chicago

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Criminal Elements of Assault Crime

Assault and battery are often grouped intermittently in the world of criminal defense, but they are quite different criminal charges. According to 720 ilcs 5/12-1-1 (a), A person commits an assault when, without lawful authority, he or she knowingly engages in conduct that places another in reasonable apprehension of receiving a battery.

The elements of battery offense included making physical contact without legal justification. A subtle distinction between the two is making physical without legal authority rather than engaging in conduct without lawful authority that places another in reasonable apprehension of receiving a battery.

Types of Assault Charges in Illinois

Assault charges in Chicago encompass a wide range of offenses, each with its own set of legal definitions and potential consequences. Understanding the different types of assault charges is essential for anyone facing such allegations or for those interested in learning more about the legal system. From simple assault, which can land you 30 days in jail, to aggravated assault, each charge carries its unique elements that must be proven by the prosecution to secure a conviction. An assault charge is considered to be a violent crime and should not be taken lightly. 

Simple Assault

In Illinois, simple assault is defined in statute 720 ILCS 5/12-1 as knowingly causing bodily harm or putting someone in fear of bodily harm. A person can be guilty of simple assault if they engage in conduct that places another person in reasonable apprehension of receiving a battery. Elements of assault do not involve physical harm but mere apprehension of receiving a battery.

In Illinois, simple assault is a misdemeanor, and the penalties for simple assault in Illinois can include fines of up to $2,500 and jail time of up to one year for a first offense. Repeated offenses can result in higher fines and longer jail sentences. In addition to fines and jail time, a person convicted of simple assault may also be required to complete probation and community service and restitution to the victim for their medical bills.

Overall, the charges and penalties associated with simple assault in Illinois are significant and can have long-lasting consequences for those convicted of this offense.

Aggravated Assault

Under Illinois criminal code section 720 ILCS 5/12-2, aggravated assault involves certain criteria that elevate the offense from simple assault. Aggravated assault occurs when a person commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship.

Additionally, aggravated assault occurs when in committing an assault, a person knows the individual assaulted to be any of the following:

  • With a physical disability or a person 60 years of age or older, and the assault is without legal justification.
  • A teacher or school employee upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
  • A park district employee upon park grounds or grounds adjacent to a park or in any part of a building used for park purposes.
  • A community policing volunteer, private security officer, or utility worker performing his or her official duties;

The potential penalties and sentencing for aggravated assault in Illinois depend on the specific circumstances of the case. Aggravated assault is generally classified as a Class A misdemeanor, which can result in up to one year in jail and a fine of up to $2,500. However, if the assault is committed against a victim in a protected class, such as a peace officer or a fireman, it may be elevated to a Class 4 felony, carrying a potential prison sentence of one to three years.

Possible defenses for aggravated assault may include self-defense, consent from the victim, or lack of evidence. A skilled criminal defense assault attorney can explore these and other potential defenses to fight the charges and protect the rights of the accused.

Use of a Deadly Weapon

woman aiming a gun against a black background

A deadly weapon is typically defined as any object or instrument used with the intent to cause serious bodily harm or death. Laws and regulations surrounding the use of a deadly weapon vary by state and country, but generally, it is illegal to use a deadly weapon unlawfully. Consequences for using a deadly weapon unlawfully can include hefty fines, imprisonment, or even a life sentence, depending on the severity of the offense.

Overall, the use of a deadly weapon is heavily regulated and carries severe consequences if used unlawfully. It is essential to follow all laws and regulations regarding the use and carrying of deadly weapons to ensure the safety of oneself and others.

If you are charged with committing assault with a deadly weapon, contact Chicago assault lawyer, Mitch Furman today. For a free consultation.

Sexual Assault

naked woman putting her hand up in a "no" gesture

Sexual abuse and assault take various forms in Chicago, including unwanted sexual contact, rape, exposing oneself to minors, and date rape. Under Illinois law, sexual assault is codified under 720 ilcs 5/11-1.20 and involves the use or threat of force, lack of consent, or the victim is a family member under 18.

In Illinois, Sexual Abuse is codified under 720 ilcs 5/11-1.50 and can encompass a wider range of behaviors, such as manipulation, exploitation, or coercion. In both cases, the impact on the victim of sexual abuse or sexual assault can be profound and long-lasting.

Attorney for Simple Assault in Chicago

As a top Chicago Assault Premier Defense Attorney, I can represent clients facing assault-related offenses, including assault, battery, and other intentional crimes. In my 20-plus years as a criminal defense lawyer, I have handled hundreds of assault cases throughout Cook County and Chicagoland. I will not let my opponents intimidate me and my clients and provide you with the best criminal defense possible.

For a free initial consultation, contact us today at 312-236-7078 .

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