Chicago Assault Lawyer

If you are facing assault charges in Chicago, it is possible that you were unaware you had done anything wrong. Unlike battery, you can be arrested on this charge without ever physically harming or even touching another person.

This offense has serious consequences, especially when aggravating factors are at play. A dedicated defense attorney could help you determine the best strategy for your case. Instead of representing yourself, rely on the support of a Chicago assault lawyer.

What Is Assault?

Assault involves placing another person in the reasonable fear of immediate harm. This can come in the form of a physical act, like swinging a weapon at another person or hitting them. The alleged victim has to be aware of the potential harm, otherwise they cannot be in reasonable fear of an injury.

It is also possible to commit assault under state law without making any kind of physical contact. This is because verbal threats are enough to lead to a criminal conviction. The threat of harm can be direct, or it might only be implied.

In many situations, it can be difficult to know for certain if a person’s behavior was a threat or if there was some kind of misunderstanding. The state has a duty to prove their case beyond a reasonable doubt, and an assault attorney in Chicago could hold them to that high burden of proof.

Penalties for an Assault Conviction

According to state law, assault is treated as a Class C misdemeanor. While this is one of the lowest tiers of criminal charges in Illinois, there is still the possibility of facing consequences that can follow you for the rest of your life.

A Class C misdemeanor carries a maximum jail term of 30 days. Someone found guilty of this offense could also face probation for up to two years or serve some of their sentence on house arrest. Finally, the judge has the power to issue a monetary fine between $75 and $1,500 for a conviction. Community service is another common penalty in these cases.

In addition to the punishment set out in the statute, a person found guilty of assault can face other consequences. Any criminal record can make it hard to find a job or limit options for suitable housing. A Chicago assault attorney could fight a conviction, help the accused mitigate penalties, or a combination of both approaches depending on the facts of a case.

What Is Aggravated Assault?

It is also possible to face a more serious version of this charge, known as aggravated assault. The underlying elements of the case are the same in that a prosecutor has to show the alleged victim experienced a reasonable fear of harm. However, certain factors can increase the severity of the offense. Some examples include assault involving the use of a firearm or that occurs in a place used for religious worship. A person may also face aggravated charges if the act was recorded for the purpose of distribution.

The penalties associated with a conviction for aggravated assault can vary. The state can charge the crime as a Class A misdemeanor or a Class 4 felony. A misdemeanor conviction can lead to as much as a year behind bars, while a Class 4 felony conviction could result in a prison term between one and three years.

Call an Assault Attorney in Chicago Today

While this offense is serious, there are strategies that can lead to a favorable outcome in your case. You might be able to have the charges against you dismissed or work out a plea bargain that avoids a mark on your criminal record. Reach out to a Chicago assault lawyer from Price Benowitz as soon as possible to learn more.