Tag Archives: assault

St. Charles aggravated assault defense attorney

Under Illinois law, “assault” is defined as putting someone in reasonable fear of battery. Actions causing actual bodily harm or physical contact that is offensive, provocative, or unwanted can be considered battery. There are some circumstances that can cause an assault charge to be elevated to an aggravated assault charge. The criminal penalties associated with aggravated assault are much harsher than those for an assault charge. If you have been arrested and charged with aggravated assault, it is crucial that you speak with an experienced criminal defense attorney to learn about your defense options.

You Can Be Charged with Assault Even if You Do Not Physically Injure Someone

Most people assume that the word “assault” refers to punching, hitting, or otherwise injuring someone. However, you can be charged with assault for simply saying something threatening to someone or making a gesture that puts them in fear of being physically harmed. Assault is a Class C misdemeanor in Illinois, which is punishable by up to 30 days in jail, up to 120 hours of community service, and a fine of up to $1,500.

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St. Charles assault and battery defense attorney

Although we often hear the terms “assault” and “battery” together, these are two distinct criminal charges under Illinois law. Being convicted of assault and/or battery can lead to heavy fines, a permanent criminal record, and possible incarceration. Having a conviction for assault or battery on your record can seriously damage your professional opportunities as well as your personal reputation. If you or a loved one have been charged with assault, aggravated assault, or battery, make sure you fully understand the criminal charges being brought against you and how to defend against these serious charges.

What Is the Difference Between Assault and Battery?

The crimes of assault and battery often occur within the same incident or altercation. An assault is defined as behavior that reasonably puts another person in fear of harm, while battery involves the actual infliction of harm or injury. An individual can be charged with assault even if he or she does not physically touch the alleged victim in any way. For example, raising your hand in a way that makes the other person believe you are going to strike him or her can be considered assault. A great number of actions can be considered battery, including slapping, kicking, punching, spitting, and other provoking or insulting contact. You may be surprised to learn that a person does not need to suffer actual bodily harm or pain in order to be considered a victim of battery. Actions that are demeaning or intentionally inflammatory can constitute battery under Illinois law.

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Naperville Assault Lawyer

Self-defense is often a legitimate argument when defending against assault or battery charges, but it can only be a defense in certain situations. If you acted in self-defense, it is possible you acted with force that would otherwise be illegal. 

Like many states, Illinois understands there are some situations in which you have no other choice but to use force to protect yourself, your loved ones, or your property. The Illinois Criminal Code contains all of the stipulations and requirements that you must meet in order to claim self-defense. Depending on the circumstances, defending against charges of assault or battery can be difficult, but it can be made easier with the help of a knowledgeable criminal defense lawyer.

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Naperville criminal defense attorneys, residential arson, aggravated batteryAn Illinois man is being charged with arson and battery, in addition to other crimes, after allegedly attacking his brother’s fiancé. The 36-year-old defendant allegedly beat the 32-year-old female victim with a hammer before pouring gasoline on her in the town of Joliet. She was rescued by good samaritans before the man took any further actions, allegedly, as reported by People Magazine. According to one of the passersby who intervened in the struggle, “She was covered head to toe in blood and was burnt.” The woman screamed, “He tried to kill me! He hit me with a hammer! He tried to light me on fire!” The house was set on fire as well, and the man was found by police standing in the driveway with bloody hands; the hammer and lighter fluid were found at the scene as well. The man is facing seven separate counts, which include aggravated battery, residential arson, and aggravated arson. His bond was set at $2 million.

Residential Arson

Residential arson, as defined by Illinois statute 720 ILCS 5/20-1, occurs when a person knowingly damages any real or personal property of another, without their consent, by fire or explosive substance and that property is valued at $150 or greater. Additionally, residential arson is committed when the defendant’s intention was to defraud an insurance company. Residential arson is a Class 2 felony, punishable by three to seven years in prison.

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 b2ap3_thumbnail_Crimes-against-Police-Officers.jpgLaw enforcement officers are essential to preserving law and order in the state, so Illinois has many laws designed to keep its police officers safe. Some of these laws make a victim’s status as a police officer an aggravating factor. This means that a person charged with, for example, battery will face a harsher sentence if the victim of the crime was a police officer performing his or her official duties.

Battery

Under Illinois law, a person commits a battery when he or she either:

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