Facing Serious Charges of Assault and Battery? Know Your Rights
No matter what the charges may be, a defendant always has the right to confront the charges against them with a criminal defense. When facing charges of assault and battery in Illinois, it is particularly important to exercise your right to a defense due to the serious nature of potential consequences. With the right approach, it is possible to successfully defend yourself and avoid a conviction and jail or prison time altogether.
If you have been charged with assault and battery, it is important to understand that these are actually two different charges. Assault pertains to any verbal threats against another person, while battery refers to any actual physical harm done. If you are facing criminal charges of any kind, you have the right to know exactly what charges have been filed and to know what evidence will be presented by the prosecution.
It’s essential not to wait to take steps to protect your future. Contact Wolfe & Stec, Ltd. by calling 630-305-0222 to speak to an experienced criminal defense attorney who can fight tirelessly for your rights today.
Search and Seizure Rights
Illinois residents have powerful search and seizure rights that protect them from unreasonable and otherwise unlawful searches and seizures by police officers and government agents. These rights, embodied in the Fourth Amendment, require law enforcement to seek warrants before searching or arresting someone in most cases. If a search or seizure is carried out in violation of your Fourth Amendment rights, your lawyer may use that violation to mount a defense.
Right Against Self-Incrimination
The right against self-incrimination for criminal defendants is clearly embedded in the Bill of Rights. It is the reason police officers must read warnings to a suspect before interrogating them. These warnings, known as Miranda warnings, require police to inform suspects that they have the right to remain silent and that they have the right to an attorney. When the police violate these rights, the defense can move to have self-incriminating statements thrown out.
Right to Counsel
If you are facing serious assault and battery charges, it’s important that you know you also have the right to counsel, which is enshrined in the Sixth Amendment. This right forces law enforcement to allow you to meet with your attorney. If you do not have one, the state can provide one for you, because the stakes in criminal cases are too high for a defendant to go unrepresented.
Other Constitutional Rights
While these key rights are among the most important in criminal cases, there are other fundamental rights that serve to safeguard defendants, including the right to be free from excessive bail and cruel and unusual punishment, as well as the right to a speedy trial.