Edwardsville, IL Assault Lawyer. An argument doesn’t have to turn physical for you to face an assault charge in Edwardsville, IL. Nobody has to suffer an injury or even be physically touched for police to make an arrest. An allegation only tells part of the story, and the police report might not explain what led to the confrontation in the first place.
An assault accusation can put your freedom and future at risk. The Edwardsville, IL assault lawyers at Combs Waterkotte handle simple assault, 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. The allegations might involve a threat, a weapon, or an argument that escalated. Whatever the circumstances, we’ll fight to protect your freedom and pursue the best outcome available.
Call (314) 900-HELP or contact Combs Waterkotte online for a free, confidential consultation.
Cases Handled
Over 15,000
Jail Days Saved
Over 1 Million
Google Reviews
500+ Perfect
Legal Experience
100+ Years
On this page:
- The legal definition of assault in Illinois and the distinction between assault and battery
- The circumstances that can lead to aggravated assault charges
- The penalties you could face for simple or aggravated assault
- Common defenses against assault charges
- What you should know and do after an assault arrest
- How our criminal defense lawyers challenge assault allegations
- Frequently asked questions about Edwardsville, IL assault charges
Legal Videos
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 …
What Penalties Could I Face Under Illinois Law?
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 …
What Are My Rights if I’m Arrested in Illinois?
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 …
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 …
What Penalties Could I Face Under Illinois Law?
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 …
What Are My Rights if I’m Arrested in Illinois?
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 Can Lead to an Assault Charge in Illinois?
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. The law doesn’t require an injury or even physical contact between the people involved.
For example, raising a fist and advancing toward someone during an argument could support an assault accusation even if you pull back or another person stops you before anyone is hit. An arrest is not proof of guilt. To convict you, the prosecution must demonstrate that your actions satisfied the legal requirements for assault beyond a reasonable doubt.
Someone claiming they felt threatened doesn’t automatically establish that you committed assault. What you said, how close you were standing, and what happened immediately before and during the confrontation can all affect how the incident is understood. We’ll look at the full sequence of events, including anything that happened before a witness started watching or someone began recording.
How Assault and Battery Differ Under Illinois Law
When most people hear “assault,” they probably think of someone punching, tackling, or otherwise physically attacking another person. But in Illinois, physical attacks like those are usually prosecuted as “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.
The state’s battery statute, on the other hand, covers knowingly causing bodily harm or making physical contact that’s insulting or provoking, even when that contact doesn’t cause an injury.
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.
Examples of behavior that could be considered assault:
- Getting in someone’s face with your fist raised while threatening to hit them
- Attempting to punch someone but failing to land the blow
- 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:
- Hitting someone, whether by punching, kicking, or slapping them
- Pushing another person in the middle of a disagreement
- 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
Madison County Resources
Below are quick links to important websites that may assist you with your legal matters in Madison 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
- Madison County Website
- Madison County Court
- Madison County Jail
- Madison County Sheriff’s Office
- Christopher Combs
- Steven Waterkotte
What Does “Reasonable Apprehension” Mean?
The question isn’t simply whether someone felt afraid. It’s whether a reasonable person in their position would have expected to be struck or physically attacked. Feeling uncomfortable, frightened, or intimidated doesn’t automatically establish reasonable apprehension under the law. Prosecutors and your Edwardsville, IL assault lawyers must examine the situation as a whole, including any threatening statements, physical movements, distance between the people involved, and whether an attack appeared imminent.
There are circumstances where a person could reasonably believe they’re about to be attacked. For example:
- An individual threatens to throw a punch while standing close enough to carry it out immediately
- Someone angrily approaches them while holding a baseball bat in a threatening manner
- Someone stands in another person’s way, threatens physical harm, and raises an object in preparation for a possible attack
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
- An individual makes an unclear threat about future harm, with nothing indicating that a physical attack is imminent
- Someone shouts insults from across a parking lot but makes no threatening movements or attempts to approach them
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.
On appeal, the woman’s aggravated assault conviction was reversed. 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.
What Makes an Assault Charge “Aggravated” in Edwardsville, 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:
- Public places and protected locations: The setting alone can be an aggravating factor. An assault committed on a public way, on public property, or at certain public venues or places of worship may meet the requirements for an aggravated charge.
- The person’s age, disability, or occupation: The law protects certain groups, including people age 60 or older, people with physical disabilities, and specified workers.
- Use of weapons or threatening devices: Using a deadly weapon, an air rifle, or a device designed to look like a firearm can support an aggravated charge.
- Discharging a gun or using a vehicle: 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. Depending on the conduct involved and the applicable statute, prosecutors may pursue a Class A misdemeanor, a Class 4 felony, or a Class 3 felony. Your Edwardsville, IL assault lawyer should identify exactly which aggravating circumstance the prosecutor alleges and whether the evidence supports it.
Penalties for Assault in Edwardsville, 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 |
The penalties listed above are the standard sentencing ranges for each offense, but they don’t necessarily reflect what you’ll receive. Depending on the circumstances, the court may have authority to impose a longer prison term for a felony conviction. Your charge and criminal history can affect whether probation or another alternative to jail or prison is available. 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. Receiving court supervision doesn’t automatically eliminate the community service requirement.
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.
Defending Against Assault Accusations in Edwardsville, 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 Edwardsville, IL criminal defense attorneys review the evidence for conflicting accounts, missing details, and information that challenges the prosecution’s version of events.
Our investigation may involve tracking down surveillance recordings, examining text messages in context, and interviewing people who witnessed the events leading up to the confrontation. Footage that begins after an argument has already escalated can create a misleading impression of who started the confrontation. We investigate the full encounter rather than relying on isolated statements or selected portions of the evidence.
Examine Whether the Prosecution Can Prove 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. 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. Did a witness actually see you approach the other person? Was a gesture directed at them? Does the video support the description in the police report?
An accident or a misunderstood movement may undermine the allegation of knowing 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. That’s why we focus on the specific legal requirements of the charge and whether the evidence establishes them.
Establish Self-Defense or Defense of Another Person
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. However, the law places additional restrictions on the use of force that could cause death or serious bodily injury.
Who initiated the confrontation, whether a threat was still ongoing, and how you responded can be central to this defense. Your account is important, but we also want independent evidence showing what the other person said or did. Evidence such as prior communications, witness testimony, and recordings can help demonstrate the circumstances that led you to believe defensive action was necessary.
Test Witness Accounts Against the Evidence
Not every witness has firsthand knowledge of the alleged assault. A person might have heard threats or raised voices without seeing what either individual was doing. 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. 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 prosecutor must prove the aggravating facts as well as the underlying assault. 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. Removing an unsupported aggravating allegation may change how the case is prosecuted and reduce the potential consequences of a conviction.
What to Do After an Assault Arrest in Edwardsville, 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. 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.
- Remain silent and request an attorney immediately. Tell the officers that you’re exercising your right to remain silent and want a lawyer. Your Miranda rights protect you during custodial questioning, and remaining silent is not an admission of guilt.
- 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.
- Find out who saw what happened. Someone may have witnessed the entire argument, or a nearby camera might have captured something the police missed. Let your lawyer know about potential witnesses and recordings before memories fade or footage is erased.
- Don’t violate any restrictions imposed by the court. Violating a court order can create additional legal problems, even if the underlying assault charge hasn’t been resolved. Speak with your attorney if any restrictions are unclear or need to be changed.
- Keep the dispute off social media. 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.
Cash bail has been eliminated in Illinois, changing how courts decide whether someone accused of a crime will be released before 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. Release may come with conditions, including restrictions on contact.
As the case proceeds, your Edwardsville, IL assault defense attorney obtains and reviews the prosecution’s evidence, addresses appropriate motions, and evaluates potential resolutions with you. 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 Edwardsville, 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. We also work with a dedicated private investigator to investigate allegations independently, identify potential witnesses, and help establish what actually happened.
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. If the prosecutor makes an offer or you need to know what to expect at your next hearing, you shouldn’t have to explain your entire case to someone who’s never worked on it.
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. Before you make a decision, we’ll explain the evidence, the risks, and what each available option would mean for you. You should know why we’re recommending a particular course of action and how it could affect the outcome of your case.
Edwardsville, IL Assault Lawyer FAQs
Can the Alleged Victim Have Assault Charges Dropped?
The person who reported the alleged assault can ask for the case to be dropped, but they can’t force prosecutors to dismiss it. Whether Edwardsville, IL criminal charges are dismissed depends on the prosecution, although a witness recanting or changing their statement may weaken the evidence against you. It does not automatically end the case or cancel a no-contact order.
Does a First-Time Assault Conviction Mean Jail Time?
A first offense does not automatically mean jail, but it’s still a possibility. Whether you face incarceration depends on the charges, the evidence, and the sentencing alternatives available under Illinois law. A Edwardsville, 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.
Can You Receive Court Supervision Instead of an Assault Conviction?
Some people charged with misdemeanor assault can receive court supervision rather than an immediate conviction. The benefit of supervision is that, when you complete all the conditions, you can generally avoid a conviction for the offense. 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. Your attorney can determine whether the charge and your circumstances make you eligible.
Should I Wait Until I’m Charged Before Calling a Lawyer?
There’s no reason to wait for formal charges. If investigators contact you about an alleged assault, getting legal advice before speaking with them can help you avoid statements that may later be used against you. Early representation also gives your lawyer an opportunity to identify witnesses, seek preservation of recordings, and evaluate evidence while it is still available.
Will My Assault Case Go to 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 Edwardsville, IL include:
Get Help From a Edwardsville, IL Assault Attorney
Your defense should be based on the full circumstances of the incident, not simply the accusations written in a police report. 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 Edwardsville, 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. You’ll have a clearer understanding of what you’re facing and how we can help you fight the charges.
