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Assault in Illinois

Illinois law defines assault as any willful attempt or threat to inflict injury upon the person of another, when coupled with an apparent present ability to do so, and any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm.

Do you have to actually touch someone to be charged with assault?

No. An assault may be committed without actually touching, or striking, or doing bodily harm, to the person of another. For example, if you take a swing at someone and miss you can be charged with assault in Illinois.

What is aggravated assault?

Aggravated assault either involves a weapon or firearm – threatening to use, using or displaying one - or if the victim falls into a certain class of individuals, such as an elderly person or public service employee.

What is a defense to assault?

If you can prove that the victim’s fear of being battered by you was unreasonable, you may have a defense. Still, every case is different and depends on the circumstances, which is why it is essential that, if you are charged with assault, you have a good criminal defense attorney.

What is the possible punishment for assault?

Again, depending on the circumstances and therefore the charges, the punishment can be any of the following:

Assault – If you are charged with a Class C misdemeanor , it could carry up to 30 days in jail and/or $1,500 fine, plus 30 – 120 hours of community service

Aggravated assault – If you are charged with a Class A misdemeanor, it could carry up to 1 year in jail and a $2,500 fine. If you are charged with a Class 4 felony, it could carry 1 to 3 years in prison and a $25,000 fine.

Of course the facts of the case determine the ultimate sentence, if any.

What do you do if you are arrested or the police want to talk to you?

As hard as it may be, the number one thing to do is shut your mouth. You may be able to explain away what happened, but by doing so you may also provide evidence that can be used to convict you. Even talking to friends is something you shouldn’t do.

The best thing you can do is politely decline to talk to the police and tell them you want your attorney present. While anything you say can be used against you, nothing your attorney discusses with the police can be used as evidence.

The key for you is to hire an attorney who has experience defending assault cases in the county in which you are charged as well as finding a lawyer who will truly fight for you. If you would like our help in finding an experienced, independent criminal law firm please contact us at any time. All consultations are free and confidential.