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Assault / Aggravated Assault

Assault / Aggravated Assault

The Chicago area criminal defense attorneys at The Davis Law Group, P.C. represent clients charged with assault and aggravated assault throughout Illinois. Assault and aggravated assault are less common than a charge of battery, but are still seen with regularity in circuit courts throughout Illinois.

Assault is basically defined as an act by the accused that places the alleged victim in reasonable apprehension of receiving a battery. Put simply, one must actually do something that makes another person believe that they will immediately be struck and/or injured by the accused. An aggravated assault is the same as an assault in terms of the conduct required to sustain the charge. However, in an aggravated assault, either (1) the accused was yielding a deadly weapon or device designed to look like a firearm during the alleged commission of the assault, or (2) the alleged victim was a law enforcement officer, teacher, park district employee, or State employee - and the accused was aware of this fact. In Illinois, an aggravated assault that involves the use of an actual firearm is a Class 4 felony.

Penalties and Sentencing - Assault

In the State of Illinois an assault is a Class C misdemeanor as stated in the Illinois assault and battery law (720 ILCS 5/12-1), and as such can carry a sentence of no more than 30 days imprisonment, or a fine amounting to but no more than $1,500. In some cases a charge of assault can result in both a fine and a jail term. Depending on the circumstances, instead of imposing a fine or a jail sentence, a judge may decide to sentence the defendant to community service - between 30 and 120 hours in total.

Penalties and Sentencing - Aggravated Assault

The penalties and sentencing following a conviction for aggravated assault depend on the charges brought by the prosecutor, that is whether the aggravated assault offense was charged as a Class A misdemeanor or as a Class 4 felony. In case of a Class A misdemeanor the sentence imposed may be that of imprisonment for a term of up to one year. It can also result in a fine amounting up to $2,500, or carry both a term in jail and a fine. In case of a Class 4 felony, the potential imprisonment term can amount to between one and three years. It can instead carry a fine amounting up to but not more than $25,000 - the conviction may also result in a fine and a term in jail both. In a case where the person charged with aggravated assault has already been convicted for that same crime one or more times in the past, sentencing enhancement laws may be used against him or her resulting in the imprisonment term being increased to between three and six years.

How Can a Criminal Defense Attorney Defend Against an Assault Charge?

If you have been charged with assault or aggravated assault in the State of Illinois, it is important that you retain services of an experienced criminal defense attorney familiar with this types of case. Your lawyer may choose to employ various techniques in the defense of your case. Most common justification for the act of assault is that the defendant acted in self-defense. Other possible defenses are that the assault was committed in defense of another person, defense of property, or that reasonable apprehension of an impending battery was not present.

Contact Chicago Assault Defense Attorneys

Our attorneys provide high-quality legal representation throughout Cook County, Lake County, and DuPage County. Feel free to explore our website and contact our firm if you have been charged with assault or if you are facing criminal charges in Illinois.

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