Woodridge Assault Lawyer

Get Help from a DuPage County Assault and Battery Attorney

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.

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:

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:

• 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, grounds or grounds adjacent to a school
• A park district employee upon park buildings, grounds or grounds adjacent to a park
• A community policing volunteer, private security officer, or utility worker, or peace officer or fireman.

3) 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 in 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 of up to 30 years. If there are prior convictions, imprisonment may increase to a maximum of 60 years.

Except for Felony Class X, offenses, sentences may be reduced to probation instead of imprisonment.

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 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:

• 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.

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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 some cases, where there is a technical mistake or some other miscarriage of justice that resulted in a negative verdict, 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 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.

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