Buffalo Grove, IL Assault Lawyer. You can face assault charges in Buffalo Grove, IL after an argument, even if it never turns into a physical fight. You can be arrested even if nobody was touched or injured. The circumstances surrounding an argument can be just as important as the accusation itself, and those details aren’t always included in the police report.
The Buffalo Grove, IL assault lawyers with Combs Waterkotte represent people charged with everything from misdemeanor assault to aggravated assault and other violent crime charges. We don’t simply accept what’s written in the police report. Our lawyers and private investigator examine the circumstances surrounding the accusation, look for evidence that supports your version of events, and prepare your case for court. Accusations involving threats or weapons can carry serious consequences. We’ll challenge the evidence against you and work to protect your rights, your freedom, and your future.
Call (314) 900-HELP or contact Combs Waterkotte online for a free, confidential consultation.
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On this page:
- How Illinois defines assault and why it isn’t the same as battery
- Why certain assault offenses are classified as aggravated assault
- Potential penalties for misdemeanor and felony assault
- Common defenses against assault charges
- Steps to take following an assault arrest
- Our approach to investigating and defending assault cases
- What people accused of assault in Buffalo Grove, IL should know
Legal Videos
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What Counts as Assault Under Illinois Law?
Illinois defines assault under 720 ILCS 5/12-1 as knowingly behaving in a way that makes another person reasonably believe they’re about to be physically attacked. 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.
The fact that another person says they were afraid of you doesn’t, by itself, mean you committed a criminal offense. 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.
How Assault and Battery Differ Under Illinois Law
The word “assault” often brings to mind a physical fight, with one person hitting or attacking another. Illinois makes an important distinction here: physically attacking someone generally falls under the state’s battery laws.
Under Illinois law, someone commits assault if they do something that gives someone else the “reasonable apprehension” that they’ll be hit or harmed.
While assault doesn’t require physical contact, battery does. Illinois’s battery law applies when someone knowingly causes bodily harm or makes insulting or provoking physical contact with another person.
The relationship between the people involved can also affect the charge. Allegations of unlawful physical contact with a family or household member may lead to domestic battery charges.
Conduct that may lead to an assault charge:
- Clenching your fist and moving toward someone as though you’re about to strike
- Attempting to punch someone but failing to land the blow
- Charging toward someone as though you’re preparing to physically confront them
- Picking up an object and threatening to hit someone with it
Situations that could constitute battery:
- Punching, slapping, or kicking someone
- Using your hands to shove another person during a confrontation
- Grabbing or pulling on someone’s clothing in a way that constitutes insulting or provoking physical contact
- Spitting directly at another person and making contact, regardless of whether they’re injured
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
When Does Fear of Being Attacked Qualify as Reasonable Apprehension?
To establish reasonable apprehension, the circumstances must support the belief that an attack was about to occur. Illinois uses the reasonable person standard to evaluate that belief. Feeling uncomfortable, frightened, or intimidated doesn’t automatically establish reasonable apprehension under the law. Determining whether that fear was reasonable requires examining the entire encounter. Your Buffalo Grove, IL assault lawyers can challenge the accusation by looking at the alleged threats, the actions involved, the distance between the parties, and whether any physical confrontation appeared likely to happen immediately.
Depending on the circumstances, the following situations could support a finding of reasonable apprehension:
- Someone moves directly into another person’s personal space while raising their fist and making a physical threat
- An individual advances toward another person while holding a bat as though they intend to use it
- Someone stands in another person’s way, threatens physical harm, and raises an object in preparation for a possible attack
A person’s fear doesn’t necessarily qualify as reasonable apprehension in circumstances such as these:
- Someone threatens another person from behind closed doors but makes no attempt or threatening gesture to carry out the threat
- Someone makes a vague threat about hurting them someday, without suggesting an immediate physical attack
- Someone angrily shouts at another person from the opposite end of a parking lot but never moves toward them or threatens immediate physical contact
In People v. Taylor (2015), a confrontation at an Illinois courthouse led to aggravated assault charges after a woman threatened a sheriff’s deputy. The deputy said the threat made her afraid, and the woman was subsequently found guilty of aggravated assault.
The conviction didn’t stand, however. An Illinois appellate court reversed it. She was unarmed, made no threatening physical gestures, and had closed doors between herself and the deputy. The ruling illustrates an important distinction: the deputy may have felt threatened, but the evidence didn’t establish that a reasonable person in the same circumstances would have expected an immediate physical attack.
When Does Assault Become Aggravated Assault in Buffalo Grove, IL?
Not every assault allegation carries the same consequences. Illinois’s aggravated assault statute identifies several factors that can make the offense more serious, including:
- Public places and protected locations: An assault doesn’t necessarily have to involve a weapon or serious threat to be considered aggravated. Illinois law also covers certain incidents that take place on public property, public ways, and designated locations such as places of worship.
- Certain protected individuals: 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.
- Weapons involved in the confrontation: Using a deadly weapon, an air rifle, or a device designed to look like a firearm can support an aggravated charge.
- Threats involving firearms or moving vehicles: Certain aggravated assault offenses involve the discharge of a firearm or the use of a vehicle. For example, driving toward someone in a way that makes them reasonably fear being struck may support an aggravated charge.
Not every aggravated assault conviction carries felony penalties. Illinois classifies it as a Class A misdemeanor, Class 4 felony, or Class 3 felony depending on the specifics of the case. Your Buffalo Grove, IL assault lawyer should identify exactly which aggravating circumstance the prosecutor alleges and whether the evidence supports it.
Penalties for Assault in Buffalo Grove, 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. Certain circumstances may also make you eligible for an extended prison sentence if you’re convicted of a felony. Probation or other noncustodial outcomes may be available depending on the charge and your eligibility. The financial consequences can extend beyond the fines listed above, including additional court costs and fees.
For simple assault, the statute also requires 30 to 120 hours of community service when an approved, county-funded program is available and your sentence does not include jail time. Defendants placed on supervision for simple assault are also subject to this community service provision.
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 Buffalo Grove, IL
What the police wrote down is only one part of the case. A thorough defense requires examining what happened beyond the initial report. Our Buffalo Grove, IL criminal defense attorneys compare the allegations with the available evidence and look for facts that were missed, misunderstood, or left out.
A nearby business might have captured the encounter on camera. Someone else may have witnessed the beginning of the disagreement, or a text conversation could reveal information missing from the police report. We look for those details. Footage that begins after an argument has already escalated can create a misleading impression of who started the confrontation. Our goal is to establish what the evidence shows when the entire incident is considered.
Determine Whether the Alleged Conduct Actually Constitutes Assault
For an assault conviction, prosecutors have to establish that you knowingly acted in a way that caused another person to reasonably apprehend an imminent battery. We investigate the conduct prosecutors are relying on, including alleged threats, physical gestures, and the circumstances surrounding the confrontation. For example, a witness might claim you approached someone aggressively, but did they actually see that happen? Was your movement even directed at the alleged victim? And does the available footage back up the accusation?
A sudden movement, an accidental gesture, or something taken out of context doesn’t necessarily establish the knowing conduct required for assault. On the other hand, simply saying you never intended to hit anyone may not resolve the charge, because assault doesn’t require a completed battery. That’s why we focus on the specific legal requirements of the charge and whether the evidence establishes them.
Investigate Whether Your Actions Were Legally Justified
You don’t necessarily have to wait until someone physically attacks you to defend yourself. Illinois law recognizes the right to self-defense and defense of others when the circumstances reasonably justify the force used against an imminent unlawful threat. The amount and type of force matter, especially when the response is intended or likely to cause death or great bodily harm.
The circumstances surrounding the encounter are critical. That includes whether someone else initiated the aggression, whether the danger was imminent, and whether your actions were a reasonable response. Rather than building the defense solely around your testimony, we investigate the alleged victim’s actions and look for evidence that supports your account. Messages sent beforehand, witness accounts, and recordings may help establish why you believed you needed to act.
Compare Witness Accounts With What Actually Happened
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. A witness’s account may be challenged based on limited visibility, incomplete observations, or statements that contradict earlier testimony or other evidence.
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. Of course, having a personal conflict with someone doesn’t necessarily mean they’re making a false accusation. We examine whether the allegations hold up against the available facts and look for evidence that can be used to challenge them in court.
Challenge the Aggravated Charge
The prosecutor must prove the aggravating facts as well as the underlying assault. We examine whether the alleged weapon fits the statutory category, whether the location qualifies, and whether any required knowledge of the other person’s status can be established.
Something that qualifies as aggravated assault under one part of the law may not satisfy the requirements of a different provision. Removing an unsupported aggravating allegation may change how the case is prosecuted and reduce the potential consequences of a conviction.
What Should You Do if You’re Charged with Assault in Buffalo Grove, IL?
Being arrested for assault can be frustrating, particularly when you believe the other person is lying or the police have misunderstood what happened. However, you should talk to an attorney before answering questions about the alleged incident. Something you say in an attempt to defend yourself could end up hurting your case. That’s why it’s important to know what you should and shouldn’t say to police after an arrest.
- Don’t answer questions without a lawyer. You have your Miranda rights. Use them. The state is not allowed to hold that against you in court.
- Save all relevant evidence. Anything that helps establish what happened could be important, from a message sent before the argument to a recording of the confrontation. Preserve the original material rather than deciding for yourself what should be kept or discarded.
- Make a list of potential witnesses. Give your attorney names, locations, and a timeline while the details are fresh.
- Follow every court order. Comply with release conditions and no-contact restrictions. Let your lawyer address any requested changes through the court.
- Stay away from online arguments about the incident. Resist the temptation to tell everyone what really happened on social media. Prosecutors may examine your posts, and having friends contact the alleged victim on your behalf could create additional problems.
Illinois has abolished monetary bail for ordinary criminal cases. 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. Release may come with conditions, including restrictions on contact.
As the case proceeds, your Buffalo Grove, IL assault defense attorney obtains and reviews the prosecution’s evidence, addresses appropriate motions, and evaluates potential resolutions with you. Keep every court date and give your lawyer any new information promptly.
What Combs Waterkotte Brings to Your Assault Defense
Combs Waterkotte handles criminal cases across a wide range of severity, from relatively minor offenses to felonies carrying years in prison. Our defense attorneys draw on more than 100 years of combined legal experience when representing the people who hire us. Our team also includes a former prosecutor who understands the methods and considerations that go into building a criminal case from the state’s perspective. 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.
We believe you should be able to reach the lawyer responsible for defending you. That’s why our approach to client communication includes giving you your attorney’s personal cell phone number. Questions come up throughout a criminal case. You’ll want answers from the attorney who knows the evidence, understands what’s happening in court, and can explain your options.
Our trial-ready approach means we prepare to fight the charges in court while also exploring whether the case can be dismissed, the charges reduced, or another favorable resolution reached. We explain the strengths and weaknesses of your case, the potential consequences, and the advantages and disadvantages of the options available before asking you to make a decision. You should know why we’re recommending a particular course of action and how it could affect the outcome of your case.
Buffalo Grove, IL Assault Lawyer FAQs
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. If the alleged victim changes their account or refuses to cooperate, that may influence the prosecutor’s decision about dropping criminal charges in Buffalo Grove, IL. However, a witness changing their mind doesn’t guarantee dismissal, and any existing no-contact restrictions remain in effect unless the court changes them.
Can You Go to Jail for Your First Assault Charge in Illinois?
You aren’t guaranteed jail time simply because you’ve been charged with assault, particularly if you have no prior criminal record. However, incarceration is still possible. Courts consider the specific offense and circumstances, including any relevant criminal history and eligibility for different sentencing options. A Buffalo Grove, IL assault lawyer can review your case, explain the sentencing possibilities, and determine whether a noncustodial resolution or a reduction in charges is a realistic option.
Does Court Supervision Keep an Assault Conviction Off Your Record?
Eligible misdemeanor cases may qualify for court supervision. If you satisfy the supervision requirements, the court generally discharges you and dismisses the case without entering a conviction. However, ordinary court supervision isn’t an option for felony offenses, and completing it doesn’t automatically remove the arrest or case from public records. A Buffalo Grove, IL assault lawyer can evaluate your eligibility and explain what supervision would mean for your record.
Do I Need an Attorney Before Assault Charges Are Filed?
No. Even if you haven’t been arrested, you should speak with a lawyer before answering investigators’ questions about an assault allegation. The sooner your lawyer gets involved, the sooner they can begin gathering evidence, contacting potential witnesses, and working to preserve surveillance footage or other recordings.
Can an Assault Charge Be Resolved Without a Trial?
An assault charge doesn’t automatically mean you’ll have to defend yourself before a jury. However, a trial may be necessary depending on the circumstances. The strength of the prosecution’s case, available defenses, and any plea offers can affect whether your case is dismissed, negotiated, or brought to trial. Combs Waterkotte prepares to fight the charge while also considering whether dismissal or a favorable negotiated resolution is possible. You should understand the consequences of any proposed plea before deciding whether to accept it.
Other case types we handle in Buffalo Grove, IL include:
Get Help From a Buffalo Grove, IL Assault Attorney
You deserve a defense that accounts for what actually happened. You don’t have to wait for your first court appearance to get legal help. Combs Waterkotte is prepared to investigate the allegations, explain what you’re facing, and fight to protect your rights.
Our attorneys are ready to discuss your situation. Call (314) 900-HELP or reach out online to arrange a free, confidential consultation with a Buffalo Grove, IL assault lawyer. Tell us what happened, what you’ve been charged with, and when you’re due in court. We’ll help you understand what comes next.
