Glendale Heights, IL Assault Lawyer. In Glendale Heights, IL, an argument can lead to criminal assault charges even when there’s no physical violence. Nobody has to suffer an injury or even be physically touched for police to make an arrest. What someone tells the police doesn’t necessarily reflect everything that happened, especially if the events leading up to the dispute were left out.
If you’re facing criminal charges, the Glendale Heights, IL assault lawyers at Combs Waterkotte can defend you against allegations of simple assault, aggravated assault, and other violent crime charges. Our lawyers and private investigator will look into what happened before police arrived, examine the evidence collected, and prepare to defend you in 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.
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 can lead to an assault charge under Illinois law and how battery differs
- Why certain assault offenses are classified as aggravated assault
- 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
- What Combs Waterkotte does to prepare your assault defense
- Common questions about Illinois assault law and criminal charges in Glendale Heights, IL
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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.
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.
The fact that another person says they were afraid of you doesn’t, by itself, mean you committed a criminal offense. A confrontation can look very different once you consider the entire situation, including the conversation, both people’s actions, and whether anyone was actually approaching or threatening the other person. 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.
Understanding Assault and Battery Charges in Glendale 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.”
You can commit assault without laying a hand on another person. What matters under Illinois law is whether your knowing conduct places that person in reasonable apprehension of being hit or subjected to unwanted physical contact.
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.
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
- Suddenly moving toward another person in a threatening manner
- Picking up an object and threatening to hit someone with it
Situations that could constitute battery:
- Hitting someone, whether by punching, kicking, or slapping them
- Pushing another person in the middle of a disagreement
- Seizing someone’s clothing or grabbing their arm in a way that’s insulting or provoking
- Making insulting physical contact by spitting on another person
DuPage County Resources
Below are quick links to important websites that may assist you with your legal matters in DuPage 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
- DuPage County Website
- DuPage County Court
- DuPage County Jail
- DuPage County Sheriff’s Office
- Christopher Combs
- Steven Waterkotte
When Does Fear of Being Attacked Qualify as Reasonable Apprehension?
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. Feeling uncomfortable, frightened, or intimidated doesn’t automatically establish reasonable apprehension under the law. Your Glendale Heights, 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.
Depending on the circumstances, the following situations could support a finding of reasonable apprehension:
- A person approaches close enough to strike, lifts their fist, and threatens to hit the other person
- A person holding a baseball bat approaches aggressively and makes movements suggesting they’re about to strike
- An individual blocks another person’s exit and makes a threatening movement with an object while saying they’re going to hurt them
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 says they might hurt another person at some unspecified point in the future, without suggesting they’re about to act
- 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 woman threatened to beat up a sheriff’s deputy while leaving a courthouse. The deputy claimed she was afraid of being attacked, and the woman was convicted 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 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 Can You Be Charged with Aggravated Assault in Glendale Heights, IL?
Under Illinois law, certain circumstances can turn an ordinary assault charge into aggravated assault. These generally involve four categories:
- The location of the alleged assault: 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.
- Certain protected individuals: 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.
- Deadly weapons and imitation firearms: 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.
- Discharging a gun or using a vehicle: More serious charges may apply when someone fires a gun during an assault or operates a moving vehicle in a way that causes another person to reasonably believe they’re about to be hit.
Despite the name, aggravated assault can still be a misdemeanor in Illinois. 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 defense should address more than the underlying assault accusation. A Glendale Heights, IL assault lawyer can also challenge the specific circumstances prosecutors are relying on to pursue aggravated assault charges.
Penalties for Assault in Glendale 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. 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. Depending on the outcome, you could also face court costs and other financial penalties.
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. Receiving court supervision doesn’t automatically eliminate the community service requirement.
Any proposed plea should be carefully reviewed, particularly when it comes to whether you’ll have a conviction on your record. Avoiding jail and avoiding a conviction are different goals, and an offer that accomplishes one may not accomplish the other.
Our Approach to Building Your Glendale Heights, IL Assault Defense
Just because something appears in a police report doesn’t mean it tells the whole story. There may be important details the responding officers never learned. Rather than accepting the allegations at face value, our Glendale Heights, 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. A recording that starts halfway through an encounter may show your reaction without showing what prompted it. The more complete the picture, the better we can determine what actually happened and how to defend you.
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 examine the specific movements, statements, and circumstances being offered as proof. 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. It’s also important to understand that you can be charged without intending to make physical contact. The question is whether your conduct satisfied the elements of assault, not whether you ultimately planned to hit someone. Our strategy is to identify which elements prosecutors can actually support and where their evidence falls short.
Argue That You Acted in Self-Defense
If you reasonably believe someone is about to use unlawful force against you or another person, Illinois law may allow you to defend yourself or that person. The force used must be justified by the circumstances. Stricter rules govern force 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. 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.
Examine Witness Statements for Inconsistencies
There’s a difference between witnessing a confrontation and hearing part of it from another room. That distinction can affect how much weight a witness’s account deserves. We examine where witnesses were positioned, what they could actually see or hear, and whether their accounts changed.
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. Rather than relying on speculation about someone’s motives, we investigate inconsistencies and pursue evidence that can support your case.
Challenge Whether the Assault Qualifies as Aggravated
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. 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.
Prosecutors must rely on the specific statutory provision that applies to the alleged conduct. The requirements aren’t interchangeable. Successfully disputing an aggravating factor can make a significant difference, potentially changing a felony allegation to a less serious offense or otherwise reducing the penalties you face.
What to Do After an Assault Arrest in Glendale Heights, 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.
- Exercise your right to remain silent. 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.
- Save all relevant evidence. Don’t start deleting texts, clearing your call history, or removing photos because you’re worried about how they might look. Your lawyer needs the complete evidence, including anything that could potentially hurt your case.
- 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.
- Stay away from online arguments about the incident. 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. 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. Even if you’re released, the court may impose conditions such as prohibiting contact with the alleged victim.
Throughout the criminal process, your Glendale Heights, IL assault defense attorney examines the state’s evidence, determines whether any motions should be filed, and works with you to evaluate your options, whether that involves negotiations or preparing for trial. 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 Glendale 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. 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.
You won’t be left wondering who to call about your case. Combs Waterkotte provides direct attorney access, including the personal cell phone number of the lawyer representing you. 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.
We investigate and prepare your defense with the possibility of trial in mind. At the same time, our commitment to trial preparation doesn’t prevent us from pursuing dismissals, reduced charges, or negotiated outcomes when they’re in your best interest. 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. We’ll explain the reasoning behind our recommendations rather than expecting you to follow them without understanding why.
Frequently Asked Questions About Assault Charges in Glendale Heights, IL
Can the Other Person Drop the Assault Charge?
The person who reported the alleged assault can ask for the case to be dropped, but they can’t force prosecutors to dismiss it. If the alleged victim changes their account or refuses to cooperate, that may influence the prosecutor’s decision about dropping criminal charges in Glendale Heights, IL. 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.
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. An attorney can evaluate whether supervision, probation, a reduced charge, or another resolution is available in your case.
Is Court Supervision Available for Assault Charges in Illinois?
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. Supervision is not available for felony charges under the ordinary supervision statute, and it does not automatically erase the arrest or court record. A Glendale Heights, 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?
Absolutely not. 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. 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.
Will I Have to Appear in Court for an Assault Trial?
Many criminal cases are resolved before trial, although you should never assume yours will be. If the evidence doesn’t support the charge, dismissal may be possible. In other situations, the defense and prosecution may reach an agreement that resolves the case without a trial. We assess those possibilities with you while preparing to contest the charge. You should understand the consequences of any proposed plea before deciding whether to accept it.
Other case types we handle in Glendale Heights, IL include:
Get Help From a Glendale Heights, 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.
Speak with Combs Waterkotte about your assault charges by calling (314) 900-HELP or contacting our firm for a free, confidential consultation. You can start by telling us your version of events, the specific charges you’re facing, and any deadlines or court appearances coming up. Our team will walk you through the next steps and explain how we can begin defending you.
