Oak Brook, IL Assault Lawyer. An argument doesn’t have to turn physical for you to face an assault charge in Oak Brook, IL. Physical contact isn’t required, and an assault accusation can lead to an arrest even when no one gets hurt. But an accusation doesn’t establish what happened, and the police report may leave out the conduct that started the confrontation.
Combs Waterkotte‘s Oak Brook, IL assault lawyers defend people accused 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. 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.
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On this page:
- What constitutes assault in Illinois, including how it differs from battery
- When an assault allegation becomes aggravated assault
- Jail time, prison sentences, and other possible consequences of an assault conviction
- Defense strategies for people charged with assault
- How to protect yourself after being arrested for assault
- Our approach to investigating and defending assault cases
- Common questions about Illinois assault law and criminal charges in Oak Brook, IL
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 …
How Does Illinois Law Define Assault?
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. 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. However, the prosecution still has to prove the elements of the charge 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.
Assault vs. Battery in Oak Brook, IL
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.”
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.
If the allegation involves physical contact with a family or household member, prosecutors may pursue domestic battery charges.
Examples of behavior that could be considered assault:
- Clenching your fist and moving toward someone as though you’re about to strike
- Taking a swing at someone who moves out of the way before you hit them
- 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:
- Physically attacking someone by throwing punches, slapping them, or kicking them
- Using your hands to shove another person during a confrontation
- Taking hold of another person’s shirt or arm during a confrontation in an insulting or provoking manner
- Deliberately spitting on someone, even though the contact causes no physical harm
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
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. Just because someone felt afraid or intimidated, that doesn’t mean that fear was “reasonable.” Your Oak Brook, 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.
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
- Someone moves toward another person with a baseball bat raised in a threatening way
- Someone blocks their path, threatens to hurt them, and raises an object as though they’re about to strike
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
- Someone says they might hurt another person at some unspecified point in the future, without suggesting they’re about to act
- An individual exchanges insults with someone across a parking lot without attempting to approach or physically threaten them
The Illinois appellate case People v. Taylor (2015) involved a woman who threatened to beat up a sheriff’s deputy as she was leaving a courthouse. The deputy said the threat made her afraid, and the woman was subsequently found guilty 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 ruling illustrates an important distinction: the deputy may have felt threatened, but the evidence didn’t establish that a reasonable person in the same circumstances would have expected an immediate physical attack.
When Can You Be Charged with Aggravated Assault in Oak Brook, IL?
Not every assault allegation carries the same consequences. Illinois’s aggravated assault statute identifies several factors that can make the offense more serious, including:
- 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: 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.
- Weapons and firearm-like devices: An assault involving certain weapons can carry more serious charges. This includes qualifying conduct involving deadly weapons, air rifles, and devices made to resemble actual firearms.
- Firearms or vehicles: An assault involving gunfire or a moving vehicle can carry additional consequences. Illinois law specifically addresses qualifying situations where a firearm is discharged or a vehicle is used to threaten someone with an immediate collision.
Aggravated assault is not always a felony. 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. The prosecution must establish the facts that justify the more serious charge. Your Oak Brook, IL assault lawyer can investigate those claims and determine whether the evidence actually supports the alleged aggravating factors.
Penalties for Assault in Oak Brook, 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. Depending on the circumstances, the court may have authority to impose a longer prison term for a felony conviction. Probation or other noncustodial outcomes may be available depending on the charge and your eligibility. You may also be responsible for court costs and other expenses associated with the case.
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 requirement also applies when a person receives supervision for the offense.
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.
How We Defend You Against Assault Charges in Oak Brook, IL
What the police wrote down is only one part of the case. A thorough defense requires examining what happened beyond the initial report. Our Oak Brook, 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.
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. For example, a video might capture you responding to a threat without showing the actions that led to your response. We investigate the full encounter rather than relying on isolated statements or selected portions of the evidence.
Challenge Whether the Conduct Meets the Legal Definition
The state has to show that your actions were knowing and caused the alleged victim to reasonably believe they were about to experience a 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. 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.
If your actions were accidental or misinterpreted, prosecutors may have difficulty proving that you knowingly engaged in the alleged conduct. Simply denying that you intended to hurt the other person may not defeat the accusation. Prosecutors don’t have to prove that a battery actually occurred. 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
Under Illinois’s self-defense law, you may be legally justified in using force to protect yourself or another person when you reasonably believe it’s necessary to stop an imminent use of unlawful force. However, the law places additional restrictions on the use of force that could cause death or serious bodily injury.
Self-defense claims often depend on the events leading up to the incident. We examine who started the confrontation, what threats were made, and whether your response was justified. Rather than building the defense solely around your testimony, we investigate the alleged victim’s actions and look for evidence that supports your account. 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.
Test Witness Accounts Against the Evidence
Someone who only heard an argument from down the hall may have a very different understanding of the incident than a person who actually witnessed it. 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. That doesn’t mean every accusation arising from a personal dispute is fabricated. The evidence still needs to be examined. Rather than relying on speculation about someone’s motives, we investigate inconsistencies and pursue evidence that can support your case.
Fight Unsupported Aggravated Assault Allegations
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.
Something that qualifies as aggravated assault under one part of the law may not satisfy the requirements of a different provision. Challenging an unsupported aggravating allegation can substantially change the charge and the penalties at stake.
Protecting Yourself After an Assault Arrest in Oak Brook, 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.
- Don’t delete messages or recordings. 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.
- Find out who saw what happened. Write down the names of anyone who saw or heard the incident, where it happened, and what you remember about the sequence of events. Your attorney can use those details to investigate while the evidence is still available.
- Take your court-ordered conditions seriously. 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. Under its pretrial release laws, detention requires legal grounds and a hearing; an assault accusation does not automatically mean you will remain in jail until trial. Release may come with conditions, including restrictions on contact.
Throughout the criminal process, your Oak Brook, 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. Don’t miss court appearances, and keep your lawyer informed if you discover new evidence or anything changes with your case.
Why Trust Combs Waterkotte With Your Assault Case?
Combs Waterkotte’s criminal defense team brings more than 100 years of combined legal experience to cases ranging from misdemeanors to serious felonies. Our team also includes a former prosecutor who understands the methods and considerations that go into building a criminal case from the state’s perspective. 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. 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.
Oak Brook, IL Assault Lawyer FAQs
Can the Other Person Drop the Assault Charge?
The alleged victim can tell prosecutors they don’t want the case to continue, but they don’t control that decision. Whether Oak Brook, IL criminal charges are dismissed depends on the prosecution, although a witness recanting or changing their statement may weaken the evidence against you. 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.
What Are the Chances of Jail for a First Assault Offense?
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. Your lawyer can examine the possibility of court supervision, probation, charge reductions, or other outcomes that may help you avoid jail.
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. Successful completion generally results in discharge and dismissal without a conviction under Illinois law. Felony charges aren’t eligible for supervision under the ordinary statute. Even when supervision is available and completed successfully, additional steps may be necessary to address the arrest and court records. Whether you qualify depends on the details of your case and the applicable legal requirements.
Should I Wait Until I’m Charged Before Calling a Lawyer?
There’s no reason to wait for formal charges. Even if you haven’t been arrested, you should speak with a lawyer before answering investigators’ questions about an assault allegation. 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 My Assault Case Go to Trial?
There are several ways an assault case can end, and a trial is only one of them. Some cases are dismissed because of legal or evidentiary issues, while others are resolved through negotiations with prosecutors. Combs Waterkotte prepares to fight the charge while also considering whether dismissal or a favorable negotiated resolution is possible. Before agreeing to anything, make sure you understand what a proposed plea would mean for your freedom, criminal record, and future.
Other case types we handle in Oak Brook, IL include:
Contact a Oak Brook, IL Assault Defense Lawyer
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. Whether police have just contacted you or you’ve already been charged, Combs Waterkotte is ready to review the accusation and start protecting your interests.
To discuss your case with a Oak Brook, 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.
