Arlington Heights, IL Assault Lawyer. You can face assault charges in Arlington Heights, IL after an argument, even if it never turns into a physical fight. The police can arrest you based on allegations of threatening conduct, even if you never laid a hand on the other person. What someone tells the police doesn’t necessarily reflect everything that happened, especially if the events leading up to the dispute were left out.
Combs Waterkotte‘s Arlington Heights, IL assault lawyers defend people accused of simple assault, aggravated assault, and other violent crime charges. Our attorneys and private investigator investigate the events leading up to the incident, review the available evidence, and develop a defense strategy for court. Whether you’re accused of threatening someone or using a weapon during a confrontation, our job is to protect your freedom and fight for the best available outcome.
Want to discuss your case with an attorney? Call (314) 900-HELP or contact Combs Waterkotte online for a free, confidential consultation.
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What you’ll find on this page:
- What constitutes assault in Illinois, including how it differs from battery
- What makes an assault charge “aggravated”
- Jail time, prison sentences, and other possible consequences of an assault conviction
- Legal defenses that may be available in an assault case
- What to do if you’ve been arrested for assault
- What Combs Waterkotte does to prepare your assault defense
- What people accused of assault in Arlington Heights, IL should know
Legal Videos
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Everything You Need to Know About Felony Charges in the State of Illinois. Attorneys Steve Waterkotte and Joshua Boardman from Combs Waterkotte discuss everything you need to know about Illinois …
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Do I Need a Lawyer if I’m Innocent in Illinois?
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What Penalties Could I Face Under Illinois Law?
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What Are My Rights if I’m Arrested in Illinois?
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Everything You Need to Know About Felony Charges in Illinois
Everything You Need to Know About Felony Charges in the State of Illinois. Attorneys Steve Waterkotte and Joshua Boardman from Combs Waterkotte discuss everything you need to know about Illinois …
Can I Seal or Expunge My Criminal Record in Illinois?
Can I Seal or Expunge My Criminal Record in Illinois? Dealing with a criminal record in the state of Illinois? Combs Waterkotte attorney Joshua Boardman discusses the possibility of expunging your …
Can the Police Legally Search Me or My Property in Illinois?
Can the Police Legally Search Me or My Property in Illinois? Facing criminal charges in the state of Illinois? Combs Waterkotte attorney Joshua Boardman discusses probable cause and when police can …
Do I Need a Lawyer if I’m Innocent in Illinois?
Do I Need a Lawyer if I'm Innocent in Illinois? Facing criminal charges in the state of Illinois? Combs Waterkotte attorney Andrew Russek talks about it being more important to have a lawyer if …
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What Penalties Could I Face Under Illinois Law? Facing criminal charges in the state of Illinois? Combs Waterkotte attorney Joshua Boardman talks about the possible penalties under Illinois …
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What Are My Rights if I'm Arrested in Illinois? Facing criminal charges in the state of Illinois? Combs Waterkotte attorney Joshua Boardman discusses your rights following an arrest in …
What Is Considered Assault in Illinois?
You don’t have to hit someone to be charged with assault. Under 720 ILCS 5/12-1, knowingly acting in a way that makes another person reasonably expect an immediate physical attack can be enough. An assault accusation can result in criminal charges even when the confrontation ends without anyone being touched or hurt.
An argument could turn into an assault case if you approach someone with your fist raised, even if you never actually strike them. However, the prosecution still has to prove the elements of the charge beyond a reasonable doubt.
Just because someone said they felt threatened, that doesn’t mean your actions fit the legal definition of assault. The words exchanged, the distance between you and the other person, what you were each doing, and the surrounding circumstances can help explain the encounter. Our investigation looks beyond the accusation to establish what happened from the beginning, not just what a witness happened to see or a camera managed to capture.
Difference Between Assault and Battery in Arlington Heights, IL
The word “assault” often brings to mind a physical fight, with one person hitting or attacking another. In Illinois, however, that kind of conduct generally falls under “battery.”
Under Illinois law, someone commits assault if they do something that gives someone else the “reasonable apprehension” that they’ll be hit or harmed.
Battery involves actual physical contact. Under Illinois law, knowingly injuring someone or touching them in an insulting or provoking manner can result in battery charges.
When the alleged physical contact involves a spouse, dating partner, or another qualifying family or household member, the offense may instead be prosecuted as domestic battery.
Conduct that may lead to an assault charge:
- Raising a fist and threatening to punch someone
- Throwing a punch at someone but missing
- Lunging toward someone as though you’re about to attack them
- Picking up an object and threatening to hit someone with it
Conduct that may lead to battery charges:
- Punching, slapping, or kicking someone
- Pushing another person in the middle of a disagreement
- Taking hold of another person’s shirt or arm during a confrontation in an insulting or provoking manner
- Deliberately spitting on someone, even though the contact causes no physical harm
Cook County Resources
Below are quick links to important websites that may assist you with your legal matters in Cook County and Illinois.
- Illinois Criminal Defense Resources
- Illinois Criminal Defense Practice Areas
- Illinois Compiled Statutes
- Illinois Courts
- Illinois Supreme Court Rules
- Illinois Secretary of State
- Illinois State Police
- Illinois Department of Corrections
- Cook County Website
- Cook County Court
- Cook County Jail
- Cook County Sheriff’s Office
- Christopher Combs
- Steven Waterkotte
What Does “Reasonable Apprehension” Mean?
When Illinois law refers to “reasonable apprehension,” it means that a reasonable person facing the same circumstances would believe a physical attack was about to happen. Just because someone felt afraid or intimidated, that doesn’t mean that fear was “reasonable.” The state and your Arlington Heights, IL assault lawyers need to consider the complete circumstances, including what was said, how the person acted, how close they were, and whether the threat appeared immediate.
For example, someone’s fear of being physically attacked could be considered reasonable if:
- An individual threatens to throw a punch while standing close enough to carry it out immediately
- A person holding a baseball bat approaches aggressively and makes movements suggesting they’re about to strike
- A person prevents someone from walking away while threatening them and lifting an object to hit them
There are also situations where a court could find that the alleged threat wasn’t immediate or serious enough to support an assault conviction:
- Someone threatens to hit them while walking away on the other side of closed doors, without making any threatening physical gestures
- Someone says they might hurt another person at some unspecified point in the future, without suggesting they’re about to act
- A person yells offensive remarks from a distance without advancing or making gestures that suggest an attack
In People v. Taylor (2015), a woman threatened to beat up a sheriff’s deputy while leaving a courthouse. Although the woman never physically attacked the deputy, the deputy said she feared being harmed, and the case resulted in an aggravated assault conviction.
But the appellate court ultimately disagreed with the conviction and overturned it. She was unarmed, made no threatening physical gestures, and had closed doors between herself and the deputy. The court found that the circumstances didn’t support a reasonable belief that the woman was about to physically attack the deputy, even though the deputy said she was frightened.
When Can You Be Charged with Aggravated Assault in Arlington Heights, IL?
An assault charge can be elevated to aggravated assault based on where the incident happened, who was involved, or how the alleged threat was made. Under Illinois law, the circumstances that can lead to aggravated charges include:
- Location: Where an alleged assault occurs can affect the charges. Incidents on public streets, other public property, or at certain venues and religious facilities may qualify as aggravated assault.
- The person’s age, disability, or occupation: Some aggravated assault provisions depend on who was allegedly targeted. These include qualifying offenses against people at least 60 years old, individuals with physical disabilities, and workers covered by specific statutory protections.
- Use of weapons or threatening devices: An assault involving certain weapons can carry more serious charges. This includes qualifying conduct involving deadly weapons, air rifles, and devices made to resemble actual firearms.
- Firearms or vehicles: Discharging a firearm during an assault or using a moving vehicle to make someone reasonably apprehend being struck can lead to aggravated assault charges.
Aggravated assault is not always a felony. The exact circumstances determine whether aggravated assault is charged as a Class A misdemeanor or a more serious Class 4 or Class 3 felony. Your defense should address more than the underlying assault accusation. A Arlington Heights, IL assault lawyer can also challenge the specific circumstances prosecutors are relying on to pursue aggravated assault charges.
Penalties for Assault in Arlington Heights, IL
Simple assault is a Class C misdemeanor. Aggravated assault carries a wider range of penalties. Under Illinois sentencing law, the ordinary incarceration ranges and maximum fines are:
| Charge | Classification | Standard Jail or Prison Exposure | Maximum Fine |
|---|---|---|---|
| Simple assault | Class C misdemeanor | Up to 30 days in jail | $1,500 |
| Aggravated assault | Class A misdemeanor | Less than one year in jail | $2,500 |
| Aggravated assault | Class 4 felony | 1 to 3 years in prison | $25,000 |
| Aggravated assault | Class 3 felony | 2 to 5 years in prison | $25,000 |
These figures represent the ordinary penalties under Illinois law. Your actual sentence will depend on the circumstances of your case. For felony offenses, extended-term sentencing provisions can result in additional time behind bars. Your charge and criminal history can affect whether probation or another alternative to jail or prison is available. Court costs and other financial obligations can also apply.
Illinois law also requires 30 to 120 hours of community service for simple assault when the county has an approved, funded program and the defendant isn’t sentenced to incarceration. The same community service requirement applies when the court orders supervision for simple assault.
Don’t accept a plea simply because it sounds better than the original charge. Find out what it means for your record first. A plea that keeps you out of jail may still leave you with a criminal conviction. Those are two separate consequences to consider.
How We Defend You Against Assault Charges in Arlington Heights, IL
A police report is the starting point for an investigation, not the final account of what happened. Our Arlington Heights, IL criminal defense attorneys compare the allegations with the available evidence and look for facts that were missed, misunderstood, or left out.
Sometimes the strongest evidence comes from sources the police didn’t investigate, such as security cameras, messages exchanged before the incident, or witnesses who saw how the argument started. For example, a video might capture you responding to a threat without showing the actions that led to your response. The more complete the picture, the better we can determine what actually happened and how to defend you.
Examine Whether the Prosecution Can Prove Assault
Illinois law requires more than an accusation of threatening behavior. The state must prove the knowing conduct and reasonable apprehension required for assault. We investigate the conduct prosecutors are relying on, including alleged threats, physical gestures, and the circumstances surrounding the confrontation. A police report may describe a threatening gesture, but the video could show something else. We examine what witnesses actually saw, who your actions were directed toward, and whether the evidence supports the allegations.
If your actions were accidental or misinterpreted, prosecutors may have difficulty proving that you knowingly engaged in the alleged conduct. However, arguing that you weren’t actually going to follow through with a threat isn’t necessarily enough. Illinois assault law doesn’t require you to physically attack someone. A successful challenge needs to target what the prosecution must prove, not just whether the two people involved disagree about what happened.
Argue That You Acted in Self-Defense
Under Illinois’s self-defense law, you may be legally justified in using force to protect yourself or another person when you reasonably believe it’s necessary to stop an imminent use of unlawful force. Stricter rules govern force intended or likely to cause death or great bodily harm.
Was the other person threatening you? Did you have reason to believe they were about to attack? How did you react? Those questions can play an important role in establishing self-defense. We look for evidence of the other person’s conduct rather than relying only on your description of it. Evidence such as prior communications, witness testimony, and recordings can help demonstrate the circumstances that led you to believe defensive action was necessary.
Examine Witness Statements for Inconsistencies
Someone who only heard an argument from down the hall may have a very different understanding of the incident than a person who actually witnessed it. Our attorneys investigate each witness’s perspective, the details they personally observed, and any inconsistencies between their statements.
The relationship between the accused and the alleged victim can also be relevant. We may examine prior disputes or communications to better understand the circumstances surrounding the accusation. That doesn’t mean every accusation arising from a personal dispute is fabricated. The evidence still needs to be examined. We look for specific inconsistencies and evidence that can be presented in court.
Dispute the Alleged Aggravating Circumstances
An aggravated assault conviction requires more than proof of ordinary assault. Prosecutors must also establish the circumstances that make the offense aggravated. Was the object actually covered by the statute? Did the incident occur in a qualifying location? Could you reasonably have known the person’s protected status when the law requires that knowledge? We examine those issues.
Something that qualifies as aggravated assault under one part of the law may not satisfy the requirements of a different provision. If we can demonstrate that the aggravating circumstances aren’t supported by the evidence, it may be possible to reduce the severity of the charge and the potential punishment.
What to Do After an Assault Arrest in Arlington Heights, IL
You may want to explain yourself immediately, especially when you believe the accusation is false. Even if you think an explanation will settle the matter, it’s better to get legal advice before making any statements to police. Understanding how to handle police questioning after an arrest can prevent you from making statements that prosecutors might later use against you.
- Remain silent and request an attorney immediately. You don’t have to try to talk your way out of an arrest. If police question you in custody, exercise your Miranda rights and ask to speak with an attorney before answering questions.
- Don’t delete messages or recordings. Keep messages, photographs, call logs, and original recordings. Don’t delete material because you think it looks unfavorable.
- Identify witnesses and cameras. Give your attorney names, locations, and a timeline while the details are fresh.
- Don’t violate any restrictions imposed by the court. Don’t assume it’s okay to contact the alleged victim just because they reach out to you first. Follow all no-contact orders and release conditions until the court officially changes them.
- Don’t discuss the allegations online. You may want to defend yourself publicly, but social media posts can be saved and used as evidence. Don’t discuss the incident online or encourage anyone else to confront the alleged victim.
Illinois no longer uses cash bail in ordinary criminal proceedings. You can’t simply be required to pay money to secure your release while awaiting trial. However, that doesn’t mean everyone is automatically released after an arrest. Under Illinois’s pretrial release laws, prosecutors must establish a legal basis for detention at a hearing before the court can order someone held until trial. Even if you’re released, the court may impose conditions such as prohibiting contact with the alleged victim.
Your Arlington Heights, IL assault defense attorney will review the evidence prosecutors intend to use against you, identify opportunities to challenge the case through motions, and discuss possible outcomes with you as the proceedings move forward. Make sure you attend all required hearings and tell your attorney about any new developments as soon as possible.
Why Hire Combs Waterkotte for Assault Charges in Arlington Heights, IL?
With more than 100 years of combined legal experience, the criminal defense team at Combs Waterkotte represents clients facing everything from misdemeanor charges to serious felony accusations. Having a former prosecutor on our legal team gives us insight into how criminal charges are investigated, evaluated, and pursued by the prosecution. Our dedicated private investigator can help uncover information that wasn’t included in the police report, locate witnesses, and develop evidence that supports your defense.
When you hire Combs Waterkotte, you can communicate directly with your attorney. You’ll even have their personal cell phone number instead of having to go through an office every time you need something. When you have a question about a court appearance, an offer from the prosecutor, or what happens next, you should be able to get an answer from someone who knows your case.
We prepare every case for trial even while pursuing opportunities for dismissal, reduced charges, or another favorable outcome. You’ll know what the prosecution has against you, what could happen if the case goes to trial, and what you’re agreeing to if you consider a negotiated resolution. Our job includes making sure you understand the strategy, not simply telling you what we think you should do.
Frequently Asked Questions About Assault Charges in Arlington Heights, IL
Can the Alleged Victim Have Assault Charges Dropped?
A victim’s wishes may influence how a case proceeds, but they don’t have the authority to withdraw criminal charges on their own. Prosecutors have the authority to dismiss criminal charges in Arlington Heights, IL, and a witness changing their story could affect whether the state has enough evidence to proceed. Even if the alleged victim asks for the case to be dropped, you still need to comply with court orders, and the prosecution may continue.
What Are the Chances of Jail for a First Assault Offense?
Even if this is your first criminal offense, jail remains a potential consequence of an assault conviction. That doesn’t mean it’s inevitable. The exact charge, the facts, and your eligibility for alternative dispositions all matter. Depending on your situation, a criminal defense attorney may be able to pursue alternatives such as supervision, probation, or a negotiated reduction in the charges.
Can Court Supervision Help Me Avoid an Assault Conviction?
Some people charged with misdemeanor assault can receive court supervision rather than an immediate conviction. Successful completion generally results in discharge and dismissal without a conviction under Illinois law. Felony charges aren’t eligible for supervision under the ordinary statute. Even when supervision is available and completed successfully, additional steps may be necessary to address the arrest and court records. Your attorney can determine whether the charge and your circumstances make you eligible.
Should I Hire a Lawyer if Police Are Investigating an Assault?
No. A criminal defense attorney can explain your rights and help you decide how to handle police questioning before any charges are officially filed. Early representation also gives your lawyer an opportunity to identify witnesses, seek preservation of recordings, and evaluate evidence while it is still available.
Can an Assault Charge Be Resolved Without a Trial?
There are several ways an assault case can end, and a trial is only one of them. Depending on the evidence and available options, a case may also end through dismissal or a negotiated resolution. We assess those possibilities with you while preparing to contest the charge. Before agreeing to anything, make sure you understand what a proposed plea would mean for your freedom, criminal record, and future.
Other case types we handle in Arlington Heights, IL include:
Speak With Combs Waterkotte About Your Arlington Heights, IL Assault Charges
An assault allegation can leave out important details about what happened. You deserve an attorney who will investigate those details and fight for your side of the story. Whether police have just contacted you or you’ve already been charged, Combs Waterkotte is ready to review the accusation and start protecting your interests.
Speak with Combs Waterkotte about your assault charges by calling (314) 900-HELP or contacting our firm for a free, confidential consultation. Tell us what happened, what you’ve been charged with, and when you’re due in court. Our team will walk you through the next steps and explain how we can begin defending you.
