Belleville Assault Defense Attorney

Assault is a serious criminal offense in Illinois, encompassing a range of behaviors that involve the intentional infliction of physical harm or the threat of imminent harm. Under Illinois law (720 ILCS 5/12 1), assault occurs when a person engages in conduct that places another individual in fear of bodily harm or makes physical contact of an insulting or provoking nature.

In Illinois, assault encompasses a range of behaviors that involve the intentional infliction of physical harm or the threat of imminent harm. There are different types of assault recognized under Illinois law, each with its own set of legal implications.

• Simple assault, the most common form, involves the intentional creation of a situation where another person feels threatened or fearful of imminent bodily harm.
• Aggravated assault, on the other hand, involves additional factors that escalate the seriousness of the offense, such as the use of a deadly weapon or the intent to commit a felony.

Understanding the distinctions between these types of assault is crucial for navigating the legal system effectively and building a strong defense strategy.

Assault Can Be Charged as a Misdemeanor or Felony in IL

Determining if the assault is a misdemeanor or felony is based on various factors, including:

• Use of weapons
• Injury severity
• Previous criminal records
• Special victims, such as persons with disabilities, peace officers, state employees, and others.
• Location of assault, such as a school, public park, church, or other building used for religious activities.

While misdemeanors typically trigger fines or probation, prosecutors often push hard to secure felony convictions, resulting in:

• Lengthy incarceration
• Permanent criminal records
• Steep court fines and fees
• Blemished reputations

What’s the Difference Between Assault and Battery?

In Illinois, assault and battery are separate offenses with distinct definitions.

Assault refers to an intentional act that causes reasonable apprehension of battery (physical harm) in another person. It’s defined as any action that would make a reasonable person fear being physically hurt. Simple assault is typically charged as a Class C misdemeanor.

Battery, on the other hand, occurs when someone actually causes bodily harm or makes insulting/provoking physical contact with another person. The key is that physical contact is made, unlike assault, which is just apprehension of contact. Simple battery without aggravating factors is generally a Class A misdemeanor.

Both assault and battery charges can be elevated to “aggravated” levels if certain aggravating circumstances exist, such as the victim’s status (e.g., police officer), location of the incident, use of a weapon, or severity of injuries. Aggravated charges bring significantly harsher potential penalties up to felony classifications.

So, in essence, assault is the threat of harm creating reasonable fear, while battery is the intentional harmful or offensive touching itself. The punishment depends on the specific level of charge.

Potential Criminal Defense Strategies for Assault Charges

Rose Legal Services employs various defense strategies to defend assault charges in Belleville. Many strategies can be employed to obtain a favorable outcome.

Possible defense tactics include:

• Botched Miranda procedures
• Missed evidence protocol
• Witness credibility doubts
• Illegal detainment/arrests

Any of these actions can assist in defending your case and lessening your charges.

Contact Our Belleville Criminal Defense Lawyers

If you or someone you know is facing assault charges in Belleville, Illinois, don’t hesitate to contact Rose Legal Services for experienced legal representation. Our law firm comprises a team of skilled attorneys who are exclusively dedicated to helping you achieve the best possible outcome for your case.

You don’t have to face legal issues alone. Contact Rose Legal Services today or schedule a consultation online to discuss your next steps.