Chicago Assault and Battery Lawyer

In Illinois, an assault is putting another in fear of being hit. You do not need to actually make contact with another to commit an assault. Simple assault is a Class C Misdemeanor punishable by up to 30 days in jail.

An assault may be upgraded to an aggravated assault if a weapon was involved or depending on who was assaulted, for example an elderly person or a law enforcement officer. Aggravated assault can be a felony or misdemeanor, depending on the circumstances.

A battery occurs when you actually making contact with another person. In Illinois, Battery is a Class A misdemeanor punishable by up to a year in jail. A simple battery can be charged as an aggravated battery if it is committed with the intent to do great bodily harm, committed with a deadly weapon, or, if it is committed against a certain class of people such as teachers, the elderly, and pregnant women.

Four Ways to Beat Your Illinois Assault or Battery Charge

1. Show that the assault or battery never occurred. In many cases, assault and battery accusations are made because of a grudge, or, because a verbal disagreement got out of hand. Police are usually called after the fact and may not have seen what happened. If it is the accuser's word against yours, there may not be enough evidence for the prosecution to meet their burden of proving the case against you. If there were witnesses, it is important that they be interviewed as early as possible.

2. Argue self-defense or defense of others. In Illinois, a person is justified in the use of force against another when he reasonably believes it to be necessary to defend himself or another against another's imminent use of unlawful force. Again, if there were any witnesses to the incident, it is important that they be interviewed as early as possible.

3. Research the accuser's criminal background. This strategy is closely related to the self-defense argument. Your accuser may have been convicted of an assault or battery in his or her past. Many people are surprised at how often their accuser has such a conviction in their background. If properly researched and investigated, a prior conviction in the accuser's background can be used to corroborate your self-defense argument.

4. Obtain any video that may have recorded the alleged assault or battery. Video cameras are everywhere and there may be a video of the incident out there that your accuser does not know about. If so, it is important to act fast to subpoena this tape as video tapes are typically only kept for 30 days.

Call for a Free Case Evaluation of Your Illinois Assault and Battery Case

If you have been accused of an assault or battery, or any violent crime, there is no substitute for speaking with an experienced Illinois criminal defense lawyer as soon as possible. Call 312.789.8050 for a free case evaluation with an Illinois criminal defense lawyer.