DuPage County Assault and Battery Attorneys
Nationally Recognized Criminal Defense Law Firm
Law enforcement officers and district attorneys take any violent offense extremely seriously because of the potential risk of injury to alleged victims. Even if the incident does not result in serious injury, a guilty verdict can still result in a criminal record, loss of liberty, mandatory classes/counseling, probation and other penalties. The long-term effects of a misdemeanor or felony record can impact your ability to obtain certain jobs, professional licenses, college admission, loans or grants, rental housing, immigration benefits and more. If you are arrested for assault and battery in DuPage County or the surrounding areas, you should retain an experienced DuPage County criminal defense attorney to protect your rights.
If you are charged with assault and battery in Illinois, the experience that comes from defending more than 16,000 people over a 25 year period can make an enormous difference in the outcome of your criminal case. Our criminal defense law firm has obtained national prominence by defending high profile defendants while taking on the most complex and challenging cases. Despite the national publicity our law firm has received from major television outlets and print publications, we tenaciously defend people from all walks of life. Donald Ramsell has been nationally recognized as an “Illinois Leading Lawyer” and “Illinois Super Lawyer” several times. Mr. Ramsell is also the only Illinois criminal defense attorney to argue a DUI case before the United States Supreme Court.
What Constitutes Assault in Illinois?
Under 720 ILCS 5/12-1, the criminal offense of assault is defined as engaging in conduct that causes an individual to experience reasonable apprehension of fear. The accused does not have to cause any type of injury or physical contact with the alleged victim. The prosecutor can charge an assault for raising a fist as if you are about to punch another person. Further, brandishing a weapon in a threatening manner also could be considered an assault. Because battery involves actual physical conduct, an assault is sometimes considered an attempted battery. However, the accused only has to intend to cause apprehension of fear rather than actual contact.
Depending on the circumstances, a person can be charged with aggravated assault, which carries more severe penalties. The factors that can raise an assault from simple assault to aggravated assault include but are not limited to the following:
- Location of the Offense: If the offense occurs on public property, a sports venue or other public ways, the offense might be charged as an aggravated assault.
- Use of a Weapon: Aggravated assault will be charged if a deadly weapon, gun or motor vehicle is used to carry out an assault.
- Certain Classifications of Victims: Assault on some special categories of victims constitutes aggravated assault, such as seniors (60 or older), police officers, disabled individuals, school teachers/employees or other designated public employees.
Simple assault is considered a Class C Misdemeanor under Illinois law. If the prosecutor obtains a guilty verdict, the following punishments might be imposed:
- Up to thirty days in jail and/or;
- Maximum fine up to $1,500; and
- Minimum thirty hours of community service (Maximum 120 hours).
An individual convicted of aggravated assault can face a charge ranging from a Class A Misdemeanor to a Class 3 or Class 4 Felony. The specific charge will depend on the aggravating factor that raising the offense from simply assault to aggravated assault.
How is Battery Defined in Illinois?
Battery is defined by 720 ILCS 5/12-3 as knowingly causing bodily harm to another or making contact with another person in a provoking or insulting manner. While battery is distinguished from assault by a requirement that there be actual physical contact, the contact can be slight and without any form of injury. As with an assault charge, battery can be charged as an aggravated offense based on the specific facts and circumstances.
The offense of battery constitutes a Class A Misdemeanor. Punishment for a conviction can include up to a year in jail and a maximum fine not to exceed $2,500. The severity of the penalty might be impacted by the criminal history of the accused, the specific facts and the applicable statute. Aggravated battery is a very serious crime that can range from a Class 3 Felony to a Class X Felony depending on the specific circumstances.
Contact Our Assault and Battery Lawyers
Our DuPage County criminal defense attorneys are dedicated to the vigorous defense of our clients’ constitutional rights and liberty. We invite you to call us today at 630-256-8001 or to send us an email to schedule your free consultation in our conveniently located office in Naperville. Ramsell & Kunowski, L.L.C. also has offices in Wheaton and St. Charles or Rolling Meadows by appointment.