Montgomery County, IL Assault Lawyer. An argument doesn’t have to turn physical for you to face an assault charge in Montgomery County, IL. Nobody has to suffer an injury or even be physically touched for police to make an arrest. But an accusation doesn’t establish what happened, and the police report may leave out the conduct that started the confrontation.
An assault accusation can put your freedom and future at risk. The Montgomery County, 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. 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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Topics covered 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
- Potential penalties for misdemeanor and felony assault
- Defense strategies for people charged with assault
- What to do if you’ve been arrested for assault
- Our approach to investigating and defending assault cases
- Common questions about Illinois assault law and criminal charges in Montgomery County, 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. No physical contact is necessary, and nobody has to be injured for an assault charge to be filed.
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.
An accusation that you frightened or intimidated someone isn’t necessarily enough to prove assault under Illinois law. 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. We’ll look at the full sequence of events, including anything that happened before a witness started watching or someone began recording.
Difference Between Assault and Battery in Montgomery County, IL
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.
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.
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:
- Clenching your fist and moving toward someone as though you’re about to strike
- Swinging at another person without making contact
- Suddenly moving toward another person in a threatening manner
- Picking up an object and threatening to hit someone with it
Examples of battery:
- Punching, slapping, or kicking someone
- Shoving someone during an argument
- Grabbing someone by their shirt or arm in an insulting or provoking manner
- Spitting on someone, even if it causes no injury
Montgomery County Resources
Below are quick links to important websites that may assist you with your legal matters in Montgomery 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
- Montgomery County Website
- Montgomery County Court
- Montgomery County Jail
- Montgomery County Sheriff’s Office
- Christopher Combs
- Steven Waterkotte
What Is Considered Reasonable Apprehension in Illinois?
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. Your Montgomery County, 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
- Someone angrily approaches them while holding a baseball bat in a threatening manner
- A person prevents someone from walking away while threatening them and lifting an object to hit 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
- A person makes a general statement about getting revenge in the future but doesn’t threaten to attack right then
- 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. The deputy testified that she feared a physical attack, and the court initially convicted the woman of aggravated assault.
However, the conviction was overturned on appeal. 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 Montgomery 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:
- Location: 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.
- 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.
- Deadly weapons and imitation firearms: Using a deadly weapon, an air rifle, or a device designed to look like a firearm can support an aggravated charge.
- 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.
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. Your Montgomery County, IL assault lawyer should identify exactly which aggravating circumstance the prosecutor alleges and whether the evidence supports it.
Penalties for Assault in Montgomery 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. For felony offenses, extended-term sentencing provisions can result in additional time behind bars. Your charge and criminal history can affect whether probation or another alternative to jail or prison is available. Depending on the outcome, you could also face court costs and other financial penalties.
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. 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. 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 Montgomery County, IL
Police reports generally reflect the information available to officers at the time. They don’t necessarily account for everything that led up to the incident. The Montgomery County, IL criminal defense attorneys at Combs Waterkotte investigate the accusations, examine the evidence behind them, and identify anything that may have been overlooked or misrepresented.
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.
Examine Whether the Prosecution Can Prove Assault
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. A police report may describe a threatening gesture, but the video could show something else. We examine what witnesses actually saw, who your actions were directed toward, and whether the evidence supports the allegations.
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. The defense has to address what the law requires the state to prove.
Establish Self-Defense or Defense of Another Person
Illinois law permits force in defense of yourself or another person when, and to the extent, you reasonably believe it is necessary to respond to imminent unlawful force. Deadly force is subject to much stricter legal requirements than ordinary defensive force.
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. A self-defense claim can be stronger when it’s supported by something beyond your word. Our investigation focuses on finding that supporting evidence. Evidence such as prior communications, witness testimony, and recordings can help demonstrate the circumstances that led you to believe defensive action was necessary.
Challenge Unreliable or Incomplete Witness Testimony
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.
If you and the alleged victim have a history of disagreements, earlier communications or incidents may provide important context for the current allegations. 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. 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.
The aggravated assault statute covers several different situations, each with its own legal requirements. Evidence supporting one type of offense doesn’t automatically establish another. 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 Montgomery County, IL?
It’s natural to want to clear things up when someone accuses you of assault, especially if you know there’s more to the story. Speak with a lawyer before discussing the incident with investigators. Knowing what to say to police after an arrest can help you avoid giving a statement that is incomplete or taken out of context.
- Exercise your right to remain silent. 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. 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.
- Make a list of potential witnesses. 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.
- Comply with your release conditions. 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. Don’t post your version of events or ask friends to contact the person accusing you.
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. Being allowed to leave custody doesn’t necessarily mean you’re free from restrictions. You may be required to follow specific conditions while your case is pending.
Your Montgomery County, IL assault defense attorney will review the evidence prosecutors intend to use against you, identify opportunities to challenge the case through motions, and discuss possible outcomes with you as the proceedings move forward. 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 Montgomery County, IL?
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. A former prosecutor on our team brings firsthand knowledge of how the state prepares a case. We also have a dedicated investigator to help develop evidence beyond the initial police report.
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. 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.
Our trial-ready approach means we prepare to fight the charges in court while also exploring whether the case can be dismissed, the charges reduced, or another favorable resolution reached. Before you make a decision, we’ll explain the evidence, the risks, and what each available option would mean for you. We’ll explain the reasoning behind our recommendations rather than expecting you to follow them without understanding why.
Montgomery County, IL Assault Lawyer FAQs
What Happens if the Alleged Victim Wants the 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. Montgomery County, IL criminal charges can be dropped by the prosecutor, and a change in a witness’s account may affect the evidence. 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?
A first-time assault charge doesn’t necessarily result in a jail sentence. The court may have other options, depending on the circumstances. Courts consider the specific offense and circumstances, including any relevant criminal history and eligibility for different sentencing options. 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 Court Supervision Help Me Avoid an Assault Conviction?
Illinois allows court supervision for qualifying misdemeanor offenses, which may provide an alternative to a criminal conviction. Completing court supervision successfully typically allows the case to be dismissed without a criminal conviction being entered. Supervision is not available for felony charges under the ordinary supervision statute, and it does not automatically erase the arrest or court record. A Montgomery County, 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?
You can contact a criminal defense attorney as soon as you learn you’re under investigation. A criminal defense attorney can explain your rights and help you decide how to handle police questioning before any charges are officially filed. 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. 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. Our lawyers examine each potential outcome while building a defense capable of challenging the allegations in court. 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 Montgomery County, IL include:
Talk to an Assault Lawyer in Montgomery County, IL Today
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. If you’re under investigation or already facing assault charges, Combs Waterkotte can help you understand your options and begin preparing your defense.
Call (314) 900-HELP or schedule your free, confidential consultation with an Montgomery County, IL assault lawyer. 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.
