Greene County, IL Assault Lawyer. You can face assault charges in Greene County, 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.
The Greene County, 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. If police claim you threatened someone or used a weapon, we want to know what the evidence actually shows. Our focus is defending you against the charges and fighting for the most favorable result possible.
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
This page covers:
- What constitutes assault in Illinois, including how it differs from battery
- The circumstances that can lead to aggravated assault charges
- Jail time, prison sentences, and other possible consequences of an assault conviction
- Ways to challenge an assault accusation and the evidence behind it
- What to do if you’ve been arrested for assault
- How our criminal defense lawyers challenge assault allegations
- Frequently asked questions about Greene County, 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 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. Someone can face an assault charge without ever touching the alleged victim or causing an injury.
Suppose you threaten to punch someone while moving toward them, but a friend steps between you before anything happens. That could still be considered assault. 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.
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.
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. But in Illinois, physical attacks like those are usually prosecuted as “battery.”
According to Illinois law, assault involves conduct that makes another person reasonably believe they’re about to be physically attacked, even if no contact occurs.
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:
- Threatening to hit another person while holding up your fist
- Swinging at another person without making contact
- Lunging toward someone as though you’re about to attack them
- Reaching for an object and raising it as though you’re about to use it to hit another person
Conduct that may lead to battery charges:
- Hitting someone, whether by punching, kicking, or slapping them
- Getting into an argument and forcefully pushing someone
- Grabbing someone by their shirt or arm in an insulting or provoking manner
- Spitting on someone, even if it causes no injury
Greene County Resources
Below are quick links to important websites that may assist you with your legal matters in Greene 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
- Greene County Website
- Greene County Court
- Greene County Jail
- Greene County Sheriff’s Office
- Christopher Combs
- Steven Waterkotte
How Do Illinois Courts Determine Whether a Threat Was Reasonable?
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. The state and your Greene County, 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.
There are circumstances where a person could reasonably believe they’re about to be attacked. For example:
- 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
- An individual blocks another person’s exit and makes a threatening movement with an object while saying they’re going to hurt them
Other situations may not meet the legal standard, even if someone claims they were frightened. For example:
- An individual says they’re going to hit someone while moving away from them, with closed doors between them and no indication of an immediate physical attack
- An individual makes an unclear threat about future harm, with nothing indicating that a physical attack is imminent
- A person yells offensive remarks from a distance without advancing or making gestures that suggest an attack
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 testified that she feared a physical attack, and the court initially convicted the woman of aggravated assault.
But the appellate court ultimately disagreed with the conviction and overturned it. The woman didn’t have a weapon, never made any threatening movements, and was separated from the deputy by closed doors. 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 Greene County, 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: 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: Illinois provides additional legal protections to certain individuals. Depending on the circumstances, assault allegations involving someone 60 or older, a person with a physical disability, or certain workers can lead to aggravated charges.
- Use of weapons or threatening devices: The type of weapon or object involved can change the charge. Threatening someone with a deadly weapon or using certain air rifles or realistic firearm-like devices may trigger the aggravated assault statute.
- 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 Greene County, IL assault lawyer can also challenge the specific circumstances prosecutors are relying on to pursue aggravated assault charges.
Penalties for Assault in Greene County, 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 table shows the standard sentencing ranges, not what a judge will necessarily impose if you’re convicted. 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.
If you’re convicted of simple assault and don’t receive a jail sentence, you must complete between 30 and 120 hours of community service, provided an approved, county-funded program is available. Defendants placed on supervision for simple assault are also subject to this community service provision.
Any proposed plea should be carefully reviewed, particularly when it comes to whether you’ll have a conviction on your record. Staying out of jail doesn’t necessarily mean keeping your record clean, and the terms of a plea agreement can make a substantial difference.
Our Approach to Building Your Greene County, IL Assault Defense
A police report is the starting point for an investigation, not the final account of what happened. Rather than accepting the allegations at face value, our Greene County, IL criminal defense attorneys review the evidence for conflicting accounts, missing details, and information that challenges the prosecution’s version of events.
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. For example, a video might capture you responding to a threat without showing the actions that led to your response. We want to know what the complete record supports.
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. A statement or movement that appears threatening in isolation may look different with additional context. We examine those details to determine whether the prosecution can establish its case. We want to know whether witnesses personally observed the alleged threat, whether your actions were directed at the other person, and whether any recordings support or contradict what officers documented.
An accident or a misunderstood movement may undermine the allegation of knowing conduct. 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. 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. Rather than building the defense solely around your testimony, we investigate the alleged victim’s actions and look for evidence that supports your account. 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
A witness who heard shouting from another room doesn’t have the same information as someone who watched the entire encounter. We examine where witnesses were positioned, what they could actually see or hear, and whether their accounts changed.
When there is a history between the people involved, relevant messages or earlier disputes may also help explain the accusation. A prior disagreement doesn’t automatically make someone dishonest. Our focus is on identifying contradictions, unreliable statements, and supporting evidence that may be useful in your defense.
Dispute the Alleged Aggravating Circumstances
Even if prosecutors can establish the elements of assault, they still have to prove whatever aggravating factors justify the more serious charge. 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. Removing an unsupported aggravating allegation may change how the case is prosecuted and reduce the potential consequences of a conviction.
Steps to Take if You’re Arrested for Assault in Greene County, IL
Being arrested for assault can be frustrating, particularly when you believe the other person is lying or the police have misunderstood what happened. Speak with a lawyer before discussing the incident with investigators. 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. 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.
- Keep anything that could support your defense. 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.
- 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.
- Take your court-ordered conditions seriously. Comply with release conditions and no-contact restrictions. Let your lawyer address any requested changes through the court.
- 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.
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. Whether you remain in custody depends on more than the accusation itself. Under the state’s pretrial release laws, detention must be legally justified through a court hearing rather than imposed automatically because you’ve been charged with assault. Release may come with conditions, including restrictions on contact.
As the case proceeds, your Greene County, 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 Trust Combs Waterkotte With Your Assault Case?
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. A former prosecutor on our team brings firsthand knowledge of how the state prepares a case. We also work with a dedicated private investigator to investigate allegations independently, identify potential witnesses, and help establish what actually happened.
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. 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. 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 Greene County, IL
Can the Alleged Victim Have Assault Charges Dropped?
The alleged victim can tell prosecutors they don’t want the case to continue, but they don’t control that decision. Prosecutors have the authority to dismiss criminal charges in Greene County, IL, and a witness changing their story could affect whether the state has enough evidence to proceed. 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.
Will I Go to Jail for a First Assault Offense?
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. The severity of the offense, what actually happened, and whether you qualify for alternatives to incarceration can all affect the outcome. An attorney can evaluate whether supervision, probation, a reduced charge, or another resolution is available in your case.
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. 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. 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. Hiring an attorney early can also help preserve important evidence, locate people who witnessed the incident, and investigate the allegations before critical information is lost.
Will My Assault Case Go to Trial?
Many criminal cases are resolved before trial, although you should never assume yours will be. 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 Greene County, IL include:
Contact a Greene County, IL Assault Defense Lawyer
Before you make any decisions about your case, you need someone who will examine the evidence and take the time to understand what led to the charges. From the initial investigation through criminal proceedings, Combs Waterkotte can defend you against assault allegations and work toward the best available outcome.
Speak with Combs Waterkotte about your assault charges by calling (314) 900-HELP or contacting our firm for a free, confidential consultation. We’ll want to hear about the incident, the allegations against you, and any upcoming hearings or court dates. Our team will walk you through the next steps and explain how we can begin defending you.
