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’s in your best interests to be represented by a defense lawyer who has experience handling assault and related cases, one who knows what’s at stake.
The 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.
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.
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:
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 placed under arrest, so it’s important to reach out to us as soon as possible.
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 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:
1) Commit assault at certain locations, such as a public way, public property, a public place of accommodation or amusement, or a sports venue.
2) Commit assault on certain types of victims, including:
3) Use a deadly weapon or any device substantially similar in appearance to a firearm.
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:
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.
Penalties for assault and battery depend on the severity of the offense and whether the crime is charged as a misdemeanor or a felony.
Except for Felony Class X, offenses, sentences may be reduced to probation instead of imprisonment.
For a charge of assault or battery, the prosecutor is required to show that you knowingly committed the act. Often there are witnesses that 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:
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.
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:
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 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.
After the police broke into our client’s house, we successfully suppressed the evidence and the case was subsequently dismissed.
We have tried many aggravated battery and domestic batter cases. Our most recent success was our client was charged with attacking and stabbing the victim in their home. After conducting extensive discovery, interviewing witnesses, and reviewing all the factors contained in the case, we were able to get the cause dismissed.
We handle numerous first and repeat DUIs and have excellent success in acquittals or reductions of charges with minimum impact for our clients. As members of the NACDL, we have numerous expert witnesses available to rebut the vast resources of the prosecution and receive favorable rulings.