Woodridge Assault and Battery Lawyer
Get Help from Our DuPage County Assault and Battery Attorneys
Assault, battery, and other violent crimes are taken seriously in Illinois. Potential punishments are severe, and prosecutors will attempt to get the harshest sentences possible. If you are facing these charges, it is in your best interests to be represented by a defense lawyer who has experience handling assault and related cases—one who knows what is at stake.
Our seasoned Illinois criminal defense attorneys at Wolfe & Stec Ltd. have extensive experience in defending clients charged with assault, aggravated assault, and battery, as well as other criminal charges. We know the courts, the judges, and the system and are aware that there are defenses that may lead to a dismissal of your charges or result in a lesser penalty. We take a team-oriented approach to handling criminal cases and are aggressive in the courtroom. We offer a free consultation to examine the issues in your case and determine what we can do to help fight for your rights and freedom.
With office locations in Woodridge and Chicago, we represent clients throughout the entire Chicagoland area. Call our DuPage County assault and battery lawyers today at (630) 305-0222 to schedule a free initial consultation.
How an Assault Charges Lawyer in Woodridge Helps You
Why Choose Our Assault Defense Attorneys?
There are many attorneys out there, and when faced with serious charges, you should choose one you can trust and who can provide the aggressive defense necessary. At Wolfe & Stec Ltd., we are fully aware of the difficulties and challenges involved with defending our clients, so we are committed to open communication and developing a strong relationship with you to provide you with the best defense possible. Here are some reasons why we believe you should choose our assault defense attorneys in Woodridge.
- All our attorneys have extensive backgrounds and proven track records. You can read about them here.
- We specialize in criminal law cases and will help guide you through the intricate legal processes involved. Marc D. Wolfe has been representing clients in criminal defense matters in Illinois for over 30 years and has tried more than 300 cases to verdict.
- We are available 24/7.
- We are local and familiar with local issues and local courts in DuPage County.
- We provide free, confidential, and no-obligation consultations to evaluate your case.
- We are happy to give advice to help you in any way we can and will be there for you throughout the entire legal process, answering your questions and addressing your concerns.
What Our Defense Lawyers Do
When we take on a criminal case, we gather information quickly and look at all viable defense options to decide on the best legal strategy. Our legal team will get to work immediately to pursue justice for you. We will:
- Meet with you and listen to your explanation of why you were charged with assault and determine what possible defenses we might use.
- Gather evidence about the alleged assault, such as from photos and videos and police, accident, and medical reports.
- Interview witnesses and first responders.
- Examine the actions of the law enforcement officials to determine if the laws and requirements pertaining to arrests were fully met and examine other circumstances surrounding the case to make sure your rights are protected. Evidence found to be inadmissible due to it being unlawfully obtained can greatly enhance the possibility that you will be found not guilty.
- Take care of all legal requirements in a timely manner, including filing all paperwork, making court appearances, and handling discovery, pre-trial preparation, plea bargains, trials, and appeals.
- Negotiate aggressively with prosecutors and other attorneys to have your charges dropped or reduced.
- Build your case and take it to court to defend you before a judge and jury, if necessary.
We will be there for you throughout the entire legal process, walking you through each step of your defense and ensuring that you are fully prepared. Time is often of the essence when you are placed under arrest, so it is important to reach out to us as soon as possible.
Assault Charge Attorney Explains Assault and Battery Charges in Illinois
Although they are related, assault and battery are two different charges. According to Illinois law (720 ILCS 5/12-1), assault involves verbal threats and can include threats to beat someone, kill, or hurt him or her in some way. Illinois laws define assault as “conduct which places another in reasonable apprehension of receiving a battery.” In an assault, the conduct generally does not include physical contact or physical injury caused to the victim. You could be charged with assault by actions such as pointing a gun or knife at someone in a threatening way.
Aggravated Assault
Aggravated assault is a more serious crime than simple assault, and the punishments are more severe. Some of the reasons that assault charges become elevated to aggravated assault are when individuals knowingly:
- Commit assault at certain locations, such as a public way, public property, a public place of accommodation or amusement, or a sports venue.
- Commit assault on certain types of victims, including:
- A person with a physical disability or a person 60 years of age or older, without legal justification.
- A teacher or school employee upon school buildings, school grounds, or grounds adjacent to a school.
- A park district employee upon park buildings, park grounds, or grounds adjacent to a park.
- A community policing volunteer, private security officer, utility worker, peace officer, or fireman.
- Use a deadly weapon or any device substantially similar in appearance to a firearm.
Battery
Under Illinois statutes (720 ILCS 5/12-3), battery charges involve actual physical contact, such as pushing, punching, or hurting a person in another way. There are two types of conduct that constitute battery:
- Conduct causing bodily harm to another person
- Insulting, provocative, or unwanted physical contact with another person
Charges may be elevated to aggravated battery if the conduct causes severe bodily injury, disfigurement, or a permanent disability. It is aggravated battery if the defendant used a firearm or deadly weapon, used an explosive device, or caused harm to a specified person such as a child or peace officer.
Assault Charge Lawyer in Woodridge Explains Illinois Penalties
Penalties for assault and battery depend on the severity of the offense and whether the crime is charged as a misdemeanor or a felony.
- Assault: Assault is a Class C misdemeanor, which can result in jail time for up to 30 days, a fine of an amount up to $1,500, or both. The court may sentence the defendant to perform between 30 and 120 hours of community service instead.
- Aggravated assault: Sentencing depends on whether the offense is charged as a Class A misdemeanor or as a Class 4 felony. A Class A misdemeanor may bring imprisonment for up to one year, a fine of up to $2,500, or both. A Class 4 felony may bring imprisonment for one to three years, a fine of up to $25,000, or both. If there are prior convictions, imprisonment may increase to a maximum of three to six years.
- Battery: Battery is a Class A misdemeanor, but aggravated battery is a Class 3 offense and may be elevated to a Class 2, Class 1, or Class X felony. A Class 3 felony may bring imprisonment for two to five years. A Class 2, Class 1, or Class X felony may bring imprisonment for up to 30 years. If there are prior convictions, imprisonment may increase to a maximum of 60 years.
Sentences may be reduced to probation instead of imprisonment, except in cases of Class X felonies.
Defenses Our Assault and Battery Lawyer in DuPage County May Use
The Prosecutor Has the Burden of Proof
For a charge of assault or battery, the prosecutor is required to show that you knowingly committed the act. Often there are witnesses who can help substantiate your side of what happened. There are situations where you may be justified in using or threatening force against someone if you can prove that the other party was threatening you, another person, or your home; you did not provoke that party into making the threat; you could not avoid the confrontation; and your verbal or physical action was the only way you could protect yourself.
Depending on the circumstances, your attorney may argue that the alleged assault or battery was due to:
- Self-defense, defense of another person, or defense of property
- Consent for contact from the victim
- Fear of impending battery (in an assault.)
When you have our assault and battery lawyer on your side, we may look to prove that a reasonable person would not have felt threatened by your actions, so your actions were not assault. We will assess whether your rights were violated, such as if you were not read your Miranda rights informing you that you have the right to remain silent and not answer questions. You have the right to ask to consult with a Woodridge criminal defense lawyer in DuPage County before you say anything, as anything you do say can be held against you, so call our assault and battery defense lawyers as soon as you are able to.
Woodridge Assault Defense Lawyers Answer FAQs
When accused of a serious crime such as assault and battery, it is natural to feel frightened and have questions and concerns. Your individual issues are best addressed at your free consultation, but to get started, here are some answers to questions our assault and battery lawyers are often asked:
Is there a time limit for filing assault and battery charges in Illinois?
Yes, there are time limits for bringing assault and battery charges, and these depend on the category of the crime you are charged with. In general, if the crime is charged as a felony, the victim has three years after the incident to bring charges, and for misdemeanors, the statute of limitations is one year and six months.
What must be proven in a battery case?
To win a battery case, the prosecutor must prove that the defendant had the intent to and acted in a manner that would cause unlawful and unpermitted contact with the victim in a harmful and offensive way. Actual physical injury does not have to be proven unless the charge is for aggravated battery.
What is the most serious form of assault?
The most serious forms of assault are those categorized as felony assaults. They may include assault with a deadly weapon, aggravated sexual assault, and serious vehicular assault.
What is battery of an unborn child?
According to Illinois law (720 ILCS 5/12-3.1), battery of an unborn child occurs when someone knowingly without legal justification causes bodily harm to an unborn child. It is aggravated battery of an unborn child when someone knowingly causes great bodily harm or permanent disability or disfigurement to an unborn child.
Can words be considered assault in Illinois?
That depends on the situation. Words alone are not an assault in Illinois, but it can be an assault if threats of injury are said in a menacing or angry manner and accompanied by conduct consistent with the threat if the words and conduct together cause victims to reasonably believe they will be injured.
Our Woodridge assault and battery lawyers understand that questions will come up that need to be addressed throughout the legal process of defending you. Rest assured that we will always be there to answer your questions and take care of your concerns.
Get Help for Assault and Battery Charges in Illinois
Call Wolfe & Stec for a Free Consultation
If you or a loved one is charged with assault, battery, or any violent crime, you need sound advice from a defense attorney who can reduce or eliminate your charges and lessen the punishments. The experienced and compassionate assault and battery defense lawyers at Wolfe & Stec Ltd. are skilled trial lawyers who believe each case is unique, with its own set of circumstances. Whether your criminal law case is seemingly straightforward or highly complicated, we can help.
We will be there for you throughout all phases of the criminal process, including:
- Discovery, where we will have the opportunity to review the prosecution’s evidence against you.
- Pre-trial preparation, where we will begin locating and interviewing witnesses, developing a defense strategy, and securing evidence.
- Plea bargaining, where we will negotiate with the prosecution for a lesser charge or dismissal.
- Trial, where we present evidence in your favor to keep the state from proving that you are guilty beyond a reasonable doubt.
- Appeal, in cases where there is a technical mistake or some other miscarriage of justice that resulted in a negative verdict, so we may appeal a verdict to a higher court (appellate court.)
Our assault and battery defense lawyers know the judges and the court system and will aggressively explore every avenue for your defense. We examine the facts, the individuals involved, and the evidence available, and we work hand in hand with our clients throughout the criminal process. We explain all elements and processes of the case and develop an effective defense strategy tailored to your specific circumstances. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties, and rights.
Do not delay—contact us for help today at (630) 305-0222. Our Illinois criminal defense lawyers represent clients in Chicago and throughout DuPage County. There is no charge for the initial consultation.
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