Kankakee, IL Assault Lawyer. An argument doesn’t have to turn physical for you to face an assault charge in Kankakee, IL. The police can arrest you based on allegations of threatening conduct, even if you never laid a hand on the other person. 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 Kankakee, IL assault lawyers at Combs Waterkotte handle simple assault, aggravated assault, and other violent crime charges. From reviewing witness statements to investigating what happened before officers arrived, our legal team and private investigator work to uncover the facts and build your defense. 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.
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Topics covered on this page:
- The legal definition of assault in Illinois and the distinction between assault and battery
- Why certain assault offenses are classified as aggravated assault
- Jail time, prison sentences, and other possible consequences of an assault conviction
- Defense strategies for people charged with assault
- What to do if you’ve been arrested for assault
- What Combs Waterkotte does to prepare your assault defense
- Common questions about Illinois assault law and criminal charges in Kankakee, IL
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What Is Considered Assault 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. Someone can face an assault charge without ever touching the alleged victim or causing an injury.
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. However, the prosecution still has to prove the elements of the charge beyond a reasonable doubt.
Someone claiming they felt threatened doesn’t automatically establish that you committed assault. The details matter, including what each person said or did, where they were standing, and what led to the disagreement. Our lawyers examine the events leading up to the confrontation and look for evidence that provides context missing from witness statements, police reports, or video footage.
Assault vs. Battery in Kankakee, IL
When most people hear “assault,” they probably think of someone punching, tackling, or otherwise physically attacking another person. 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.
An accusation involving physical contact with someone in your family or household may fall under Illinois’s domestic battery laws rather than the general battery statute.
Examples of behavior that could be considered assault:
- Clenching your fist and moving toward someone as though you’re about to strike
- Swinging at another person without making contact
- Making an aggressive movement toward someone that causes them to expect an immediate attack
- Grabbing an object and making a threatening motion toward another person
Examples of behavior that could be considered battery:
- Hitting someone, whether by punching, kicking, or slapping them
- Using your hands to shove another person during a confrontation
- Grabbing someone by their shirt or arm in an insulting or provoking manner
- Spitting directly at another person and making contact, regardless of whether they’re injured
Kankakee County Resources
Below are quick links to important websites that may assist you with your legal matters in Kankakee 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
- Kankakee County Website
- Kankakee County Court
- Kankakee County Jail
- Kankakee 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. The alleged victim’s fear alone isn’t necessarily enough. There must be a reasonable basis for believing an attack was imminent. Prosecutors and your Kankakee, 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.
A person’s fear of an immediate physical attack may be reasonable in situations such as these:
- Someone gets within arm’s reach, raises their fist, and threatens to punch them
- 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:
- A person makes a verbal threat while leaving, with closed doors separating them from the other individual and no physical movement suggesting an attack
- Someone makes a vague threat about hurting them someday, without suggesting an immediate physical attack
- Someone shouts insults from across a parking lot but makes no threatening movements or attempts to approach them
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 claimed she was afraid of being attacked, and the woman was convicted of aggravated assault.
On appeal, the woman’s aggravated assault conviction was reversed. At the time of the threat, the woman wasn’t carrying a weapon or making threatening movements. Closed doors also separated her from the deputy. The appellate court determined that the deputy’s stated fear alone didn’t establish reasonable apprehension of an imminent attack under those circumstances.
When Does Assault Become Aggravated Assault in Kankakee, IL?
Illinois’s aggravated assault law covers four special circumstances that increase an assault charge to aggravated assault:
- Public places and protected locations: 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.
- Who the alleged victim is: The law protects certain groups, including people age 60 or older, people with physical disabilities, and specified workers.
- 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.
- Threats involving firearms or moving vehicles: Discharging a firearm during an assault or using a moving vehicle to make someone reasonably apprehend being struck can lead to aggravated assault charges.
Despite the name, aggravated assault can still be a misdemeanor in Illinois. The exact circumstances determine whether aggravated assault is charged as a Class A misdemeanor or a more serious Class 4 or Class 3 felony. The prosecution must establish the facts that justify the more serious charge. Your Kankakee, IL assault lawyer can investigate those claims and determine whether the evidence actually supports the alleged aggravating factors.
Penalties for Assault in Kankakee, 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. Court costs and other financial obligations can also apply.
Community service is another potential consequence of simple assault. When an approved program is funded and available in the county, Illinois requires 30 to 120 hours for defendants who aren’t sentenced to jail. The same community service requirement applies when the court orders supervision for simple assault.
Before accepting a plea, ask what the proposed outcome means for your record. A plea that keeps you out of jail may still leave you with a criminal conviction. Those are two separate consequences to consider.
Defending Against Assault Accusations in Kankakee, IL
A police report is the starting point for an investigation, not the final account of what happened. Our Kankakee, IL criminal defense attorneys want to know what the report gets right, what it leaves out, and whether the evidence actually supports the charges against you.
That could mean obtaining a business’s surveillance footage, reviewing the full text-message conversation, or finding a witness who saw the beginning of the dispute. 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.
Challenge the Elements of the Assault Charge
The prosecution must prove knowing conduct and reasonable apprehension of a 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?
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. A successful challenge needs to target what the prosecution must prove, not just whether the two people involved disagree about what happened.
Show That You Were Protecting Yourself or Someone Else
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.
Was the other person threatening you? Did you have reason to believe they were about to attack? How did you react? Those questions can play an important role in establishing self-defense. 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.
Challenge Unreliable or Incomplete Witness Testimony
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 want to know exactly what each witness saw, where they were standing, and whether their version of events has remained consistent.
Sometimes an assault accusation follows an ongoing dispute between people who already know each other. Previous arguments, messages, or other relevant interactions may help explain what happened. Of course, having a personal conflict with someone doesn’t necessarily mean they’re making a false accusation. Our focus is on identifying contradictions, unreliable statements, and supporting evidence that may be useful in your defense.
Challenge Whether the Assault Qualifies as Aggravated
An aggravated assault conviction requires more than proof of ordinary assault. Prosecutors must also establish the circumstances that make the offense aggravated. Our lawyers investigate the specific basis for the aggravated charge, including whether a weapon or location meets the legal requirements and whether prosecutors can prove any necessary knowledge of the alleged victim’s protected status.
A fact that supports one subsection doesn’t necessarily support another. Challenging an unsupported aggravating allegation can substantially change the charge and the penalties at stake.
What Should You Do if You’re Charged with Assault in Kankakee, IL?
Being arrested for assault can be frustrating, particularly when you believe the other person is lying or the police have misunderstood what happened. 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.
- Ask for an attorney before speaking to investigators. 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.
- Don’t delete messages or recordings. Save text conversations, photos, phone records, and any video or audio connected to the incident. Even if something appears damaging, leave it intact so your attorney can review it.
- 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.
- Don’t discuss the allegations online. Don’t post your version of events or ask friends to contact the person accusing you.
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. Release may come with conditions, including restrictions on contact.
There’s more to defending an assault case than appearing at court hearings. Your Kankakee, 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. Keep every court date and give your lawyer any new information promptly.
Why Choose Combs Waterkotte for Your Assault Defense?
Whether you’re facing a misdemeanor or a felony, experience matters when your freedom is on the line. Combs Waterkotte’s criminal defense team has over a century of combined legal experience defending people accused of crimes. 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.
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. When you have a question about a court appearance, an offer from the prosecutor, or what happens next, you should be able to get an answer from someone who knows your case.
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 won’t have to guess why we’re recommending a particular approach.
Kankakee, IL Assault Defense FAQs
Can Someone Decide Not to Press Assault Charges?
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 Kankakee, 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?
Even if this is your first criminal offense, jail remains a potential consequence of an assault conviction. That doesn’t mean it’s inevitable. The severity of the offense, what actually happened, and whether you qualify for alternatives to incarceration can all affect the outcome. 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.
Can You Receive Court Supervision Instead of an Assault Conviction?
Illinois allows court supervision for qualifying misdemeanor offenses, which may provide an alternative to a criminal conviction. If you satisfy the supervision requirements, the court generally discharges you and dismisses the case without entering a conviction. This option generally applies to eligible misdemeanors, not felonies. You should also understand that avoiding a conviction doesn’t necessarily mean the record of your arrest or court proceedings disappears. Eligibility needs a case-specific review.
Should I Hire a Lawyer if Police Are Investigating an Assault?
Absolutely not. Even if you haven’t been arrested, you should speak with a lawyer before answering investigators’ questions about an assault allegation. 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?
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. 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 Kankakee, IL include:
Talk to an Assault Lawyer in Kankakee, IL Today
An assault allegation can leave out important details about what happened. You deserve an attorney who will investigate those details and fight for your side of the story. 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. Tell us what happened, what you’ve been charged with, and when you’re due in court. Our team will walk you through the next steps and explain how we can begin defending you.
