Assault in Illinois: Penalties and Possible Defenses

Potential Defenses

Potential Defenses in SpringfieldUnder the Illinois Criminal Code, Assault occurs when a defendant threatens to physically harm another individual. A charge of assault could be elevated to Aggravated Assault in the event that the defendant threatened to, used, or exhibited a firearm or weapon, or if the offense was done to an elderly, law enforcer, or government official.

Possible Penalties for Assault in Illinois

A charge of assault in Illinois, the Noll Law Office explains, could be classified as either a misdemeanor or felony according to the severity and seriousness of the assault incident. Assault is usually related with a Battery charge, says a criminal defense attorney in Springfield IL, but battery is really the actual physical contact or injury, whereas assault could result from even the threat of physical harm.

Assault is considered a Class C Misdemeanor, which is punishable by a fine of $1,500 and 30 days of jail time. Additionally, a conviction also comes with community service for 30 to 120 hours. Aggravated assault on the other hand could be considered a Class 4 Felony or Class A Misdemeanor, but this will still depend on the specific details of the incident. Possible penalties include a year to three years imprisonment and a fine between $2,500 and $25,000.

Fighting a Charge of Assault

In many cases, a charge of assault typically happens when a disagreement or heated argument escalated and law enforcers were called to the scene. In the event that your charge doesn’t involve battery, you could reason that the purported threat of injury or violence was exaggerated. Likewise, if the plaintiff’s fear of being harmed wasn’t really rational, then your case could be dismissed. And in some instances, your lawyer could get your charge dropped in place of anger management or counseling sessions, most especially if the alleged victim doesn’t really want to pursue the case. However, these kinds of situations can significantly vary so it’s crucial that you get an attorney who’ll be able to assess your case and uphold your rights in court.

The golden rule applies here, as in most cases in law: do not do unto others what you do not want done unto you. If you’re thinking of Assault, the better way is not to do it at all, not only because you’re breaking the law, but because it’s the right thing to do.