DeKalb, IL Assault Lawyer. In DeKalb, IL, an argument can lead to criminal assault charges even when there’s no physical violence. 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.
An assault accusation can put your freedom and future at risk. The DeKalb, IL assault lawyers at Combs Waterkotte handle 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. 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.
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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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
- Steps to take following an assault arrest
- How Combs Waterkotte builds your defense
- Common questions about Illinois assault law and criminal charges in DeKalb, IL
Legal Videos
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What Is Considered Assault in Illinois?
According to 720 ILCS 5/12-1, you can commit assault by knowingly causing someone to reasonably fear that you’re about to physically harm them. An assault accusation can result in criminal charges even when the confrontation ends without anyone being touched or hurt.
Imagine getting into an argument, raising your fist, and moving toward the other person. Even if you stop before throwing a punch, your actions could lead to an assault charge. Of course, being accused of assault and being guilty of assault are two different things. The state has to prove its case 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.
Difference Between Assault and Battery in DeKalb, IL
If someone says they were assaulted, you might assume they were punched, shoved, or otherwise physically attacked. Illinois law generally classifies those actions as “battery” instead.
Under Illinois law, someone commits assault if they do something that gives someone else the “reasonable apprehension” that they’ll be hit or harmed.
Under the state’s battery statute, someone commits battery if they actually intentionally cause physical harm to another person, or if they touch someone in a way that’s meant to insult, anger, or provoke them.
If the allegation involves physical contact with a family or household member, prosecutors may pursue domestic battery charges.
Examples of assault:
- Threatening to hit another person while holding up your fist
- Attempting to punch someone but failing to land the blow
- Suddenly moving toward another person in a threatening manner
- Reaching for an object and raising it as though you’re about to use it to hit another person
Situations that could constitute battery:
- Punching, slapping, or kicking someone
- Shoving someone during an argument
- Seizing someone’s clothing or grabbing their arm in a way that’s insulting or provoking
- Spitting on someone, even if it causes no injury
DeKalb County Resources
Below are quick links to important websites that may assist you with your legal matters in DeKalb 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
- DeKalb County Website
- DeKalb County Court
- DeKalb County Jail
- DeKalb County Sheriff’s Office
- Christopher Combs
- Steven Waterkotte
What Does “Reasonable Apprehension” Mean?
“Reasonable apprehension” basically means that a reasonable person in the same situation would believe they were about to be hit or physically attacked. The alleged victim’s fear alone isn’t necessarily enough. There must be a reasonable basis for believing an attack was imminent. Your DeKalb, IL assault lawyers will look at the surrounding facts, such as what was said, what each person did, how far apart they were, and whether the alleged threat suggested an immediate physical attack.
For example, someone’s fear of being physically attacked could be considered reasonable if:
- Someone gets within arm’s reach, raises their fist, and threatens to punch them
- Someone moves toward another person with a baseball bat raised in a threatening way
- Someone stands in another person’s way, threatens physical harm, and raises an object in preparation for a possible attack
On the other hand, someone’s fear might not be considered reasonable if:
- Someone threatens another person from behind closed doors but makes no attempt or threatening gesture to carry out the threat
- 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. The deputy said the threat made her afraid, and the woman was subsequently found guilty of aggravated assault.
On appeal, the woman’s aggravated assault conviction was reversed. The evidence showed that the woman had no weapon, wasn’t making physical threats, and was separated from the deputy by closed doors. The court ruled that the deputy’s fear wasn’t enough to support an assault conviction because, under the circumstances, it wasn’t reasonable to believe an attack was about to happen.
When Does Assault Become Aggravated Assault in DeKalb, 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:
- The location of the alleged assault: 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: The identity or status of the person allegedly threatened can also affect the offense. State law recognizes aggravating circumstances involving older adults, people with physical disabilities, and certain employees or public servants.
- Use of weapons or threatening devices: Illinois law addresses assaults involving more than conventional firearms. Certain circumstances involving a deadly weapon, an air rifle, or an object designed to look substantially like a gun may constitute aggravated assault.
- 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.
Aggravated assault is not always a felony. Illinois classifies it as a Class A misdemeanor, Class 4 felony, or Class 3 felony depending on the specifics of the case. A DeKalb, IL assault lawyer can examine which part of the aggravated assault statute applies to your case and challenge any allegations that aren’t supported by the evidence.
Penalties for Assault in DeKalb, 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 are standard ranges for individual offenses, not a prediction of your sentence. Extended-term sentencing can increase felony prison exposure. 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.
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.
Make sure you understand how a plea agreement will affect your criminal record before agreeing to it. Staying out of jail doesn’t necessarily mean keeping your record clean, and the terms of a plea agreement can make a substantial difference.
How Combs Waterkotte Fights Assault Charges in DeKalb, IL
What the police wrote down is only one part of the case. A thorough defense requires examining what happened beyond the initial report. Rather than accepting the allegations at face value, our DeKalb, IL criminal defense attorneys review the evidence for conflicting accounts, missing details, and information that challenges the prosecution’s version of events.
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. If someone only recorded the last 30 seconds of a dispute, the video might leave out the most important part of what happened. 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
The prosecution must prove knowing conduct and reasonable apprehension of a battery. Our lawyers look closely at what you allegedly said or did, how the encounter unfolded, and whether those details satisfy the legal requirements for assault. 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?
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. The amount and type of force matter, especially when the response is intended or likely to cause death or great bodily harm.
Who initiated the confrontation, whether a threat was still ongoing, and how you responded can be central to this defense. We look for evidence of the other person’s conduct rather than relying only on your description of it. For example, threatening messages, statements from people who witnessed the dispute, or video footage may help explain why you felt the need to protect yourself.
Challenge Unreliable or Incomplete Witness Testimony
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. We want to know exactly what each witness saw, where they were standing, and whether their version of events has remained consistent.
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. A history of arguments isn’t proof that the alleged victim is lying, but it may provide context for evaluating their account. We look for specific inconsistencies and evidence that can be presented in court.
Challenge the Aggravated Charge
The state can’t simply label an allegation “aggravated assault” and expect the charge to stand. It has to prove both the underlying assault and the additional statutory requirements. 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.
Prosecutors must rely on the specific statutory provision that applies to the alleged conduct. The requirements aren’t interchangeable. 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 Should You Do if You’re Charged with Assault in DeKalb, IL?
If you’re accused of something you didn’t do, your first instinct might be to tell the police your side of the story. 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. The police may want your version of events, but you don’t have to provide it during custodial interrogation. Invoke your Miranda rights, request legal counsel, and avoid discussing the allegations until you’ve received advice.
- Preserve the 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.
- Look for witnesses and available recordings. Think about who witnessed the confrontation and whether nearby businesses or homes might have security footage. Share that information with your lawyer as soon as possible.
- Don’t violate any restrictions imposed by the court. If the judge orders you to stay away from someone or follow other conditions while your case is pending, obey those instructions. Your attorney can help you request modifications when appropriate.
- Avoid posting about your case. An angry Facebook post or a message asking someone to contact your accuser could make things worse. Keep the details of the case between you and your lawyer rather than sharing them online.
Under Illinois’s current pretrial system, defendants generally cannot be required to post monetary bail to get out of jail while their cases are pending. Being arrested for assault doesn’t automatically mean you’ll spend the months leading up to trial behind bars. Illinois’s pretrial release laws require a hearing and specific legal grounds before a judge can order pretrial detention. Release may come with conditions, including restrictions on contact.
There’s more to defending an assault case than appearing at court hearings. Your DeKalb, IL assault defense attorney investigates the evidence, challenges legal or procedural issues when appropriate, and helps you decide how to proceed based on the prosecution’s case. You should also stay in contact with your attorney, show up for every scheduled court date, and share any information that could affect your defense without delay.
Why Hire Combs Waterkotte for Assault Charges in DeKalb, IL?
Combs Waterkotte’s criminal defense team brings more than 100 years of combined legal experience to cases ranging from misdemeanors to serious felonies. We have a former prosecutor on our team, bringing experience from the other side of the courtroom and an understanding of how the state approaches criminal cases. Rather than relying entirely on what law enforcement collected, we have a dedicated investigator who can look for additional evidence and examine details that may have been overlooked.
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. Whether you’re confused about an upcoming hearing or want to discuss a plea offer, you’ll be able to speak with someone who understands the details of your situation.
A favorable resolution doesn’t always require going to trial, but we don’t assume the prosecution will offer one. Combs Waterkotte prepares cases for trial while evaluating every reasonable opportunity to resolve them on better terms. Whether you’re considering a plea agreement or deciding to fight the charge at trial, we’ll walk you through the evidence and possible outcomes so you can make an informed choice. You should know why we’re recommending a particular course of action and how it could affect the outcome of your case.
DeKalb, IL Assault Lawyer FAQs
What Happens if the Alleged Victim Wants the Charges Dropped?
The alleged victim can tell prosecutors they don’t want the case to continue, but they don’t control that decision. If the alleged victim changes their account or refuses to cooperate, that may influence the prosecutor’s decision about dropping criminal charges in DeKalb, IL. Don’t assume the case is over or that you’re free to contact the other person simply because they no longer want to pursue the allegations.
What Are the Chances of Jail for a First Assault Offense?
A first-time assault charge doesn’t necessarily result in a jail sentence. The court may have other options, depending on the circumstances. 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.
Does Court Supervision Keep an Assault Conviction Off Your Record?
Depending on the offense and your circumstances, Illinois court supervision may be available for certain misdemeanor assault cases. 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. Whether you qualify depends on the details of your case and the applicable legal requirements.
Should I Hire a Lawyer if Police Are Investigating an Assault?
You can contact a criminal defense attorney as soon as you learn you’re under investigation. Even if you haven’t been arrested, you should speak with a lawyer before answering investigators’ questions about an assault allegation. 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?
Many criminal cases are resolved before trial, although you should never assume yours will be. 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. A plea agreement can have consequences beyond the immediate sentence, so your attorney should explain those effects before you make a decision.
Other case types we handle in DeKalb, IL include:
Get Help From a DeKalb, 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.
To discuss your case with a DeKalb, IL assault lawyer, call (314) 900-HELP or request a free, confidential consultation online. We’ll want to hear about the incident, the allegations against you, and any upcoming hearings or court dates. From there, we’ll explain your options and what you can expect as the case moves forward.
