Plainfield, IL Assault Lawyer. You can face assault charges in Plainfield, 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. The circumstances surrounding an argument can be just as important as the accusation itself, and those details aren’t always included in the police report.
An assault accusation can put your freedom and future at risk. The Plainfield, IL assault lawyers at Combs Waterkotte handle 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.
Cases Handled
Over 15,000
Jail Days Saved
Over 1 Million
Google Reviews
500+ Perfect
Legal Experience
100+ Years
Topics covered on this page:
- How Illinois defines assault and why it isn’t the same as battery
- The circumstances that can lead to aggravated assault charges
- The penalties you could face for simple or aggravated assault
- Legal defenses that may be available in an assault case
- Steps to take following an assault arrest
- How our criminal defense lawyers challenge assault allegations
- What people accused of assault in Plainfield, IL should know
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 Can Lead to an Assault Charge 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.
An argument could turn into an assault case if you approach someone with your fist raised, even if you never actually strike them. However, the prosecution still has to prove the elements of the charge 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. The details matter, including what each person said or did, where they were standing, and what led to the disagreement. 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.
Difference Between Assault and Battery in Plainfield, IL
If someone says they were assaulted, you might assume they were punched, shoved, or otherwise physically attacked. Illinois makes an important distinction here: physically attacking someone generally falls under the state’s battery laws.
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.
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.
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:
- Raising a fist and threatening to punch someone
- 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
Situations that could constitute battery:
- Striking another person with your fist, hand, or foot
- Using your hands to shove another person during a confrontation
- Grabbing or pulling on someone’s clothing in a way that constitutes insulting or provoking physical contact
- Spitting on someone, even if it causes no injury
Will County Resources
Below are quick links to important websites that may assist you with your legal matters in Will 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
- Will County Website
- Will County Court
- Will County Jail
- Will County Sheriff’s Office
- Christopher Combs
- Steven Waterkotte
When Does Fear of Being Attacked Qualify as Reasonable Apprehension?
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. Someone can genuinely feel threatened without their fear necessarily meeting the legal standard for assault. The state and your Plainfield, 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:
- 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
- Someone stands in another person’s way, threatens physical harm, and raises an object in preparation for a possible attack
On the other hand, someone’s fear might not be considered reasonable if:
- 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
One example comes from People v. Taylor (2015). A woman leaving a courthouse made a verbal threat to beat up a sheriff’s deputy. Although the woman never physically attacked the deputy, the deputy said she feared being harmed, and the case resulted in an aggravated assault conviction.
However, the conviction was overturned on appeal. The evidence showed that the woman had no weapon, wasn’t making physical threats, 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.
When Can You Be Charged with Aggravated Assault in Plainfield, 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:
- Where the incident happened: An assault involving someone on a public way, public property, or at certain public venues or places of worship can qualify as aggravated assault.
- 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.
- 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: Certain aggravated assault offenses involve the discharge of a firearm or the use of a vehicle. For example, driving toward someone in a way that makes them reasonably fear being struck may support an aggravated charge.
Aggravated assault is not always a felony. Illinois recognizes several levels of aggravated assault. Some cases are prosecuted as Class A misdemeanors, while others qualify as Class 4 felonies or Class 3 felonies. A Plainfield, IL assault lawyer can examine which part of the aggravated assault statute applies to your case and challenge any allegations that aren’t supported by the evidence.
Penalties for Assault in Plainfield, 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. 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. 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. You might be offered an outcome that doesn’t involve incarceration but still results in a conviction. Understanding that distinction is essential before making a decision.
How Combs Waterkotte Fights Assault Charges in Plainfield, IL
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 Plainfield, 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. Footage that begins after an argument has already escalated can create a misleading impression of who started the confrontation. Our goal is to establish what the evidence shows when the entire incident is considered.
Determine Whether the Alleged Conduct Actually Constitutes Assault
Illinois law requires more than an accusation of threatening behavior. The state must prove the knowing conduct and reasonable apprehension required for assault. 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?
The circumstances may show that you never knowingly engaged in the behavior prosecutors claim was threatening. That can create a significant issue with their case. 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. 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. However, the law places additional restrictions on the use of force that could cause death or serious bodily injury.
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. 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 want to know exactly what each witness saw, where they were standing, and whether their version of events has remained consistent.
If you and the alleged victim have a history of disagreements, earlier communications or incidents may provide important context for the current allegations. A prior disagreement doesn’t automatically make someone dishonest. We examine whether the allegations hold up against the available facts and look for evidence that can be used to challenge them in court.
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.
Something that qualifies as aggravated assault under one part of the law may not satisfy the requirements of a different provision. 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 Plainfield, 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. Understanding how to handle police questioning after an arrest can prevent you from making statements that prosecutors might later use against you.
- Remain silent and request an attorney immediately. 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.
- Save all relevant evidence. Anything that helps establish what happened could be important, from a message sent before the argument to a recording of the confrontation. Preserve the original material rather than deciding for yourself what should be kept or discarded.
- Make a list of potential witnesses. 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. 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.
- Avoid posting about your case. 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. A judge can still place restrictions on your release, including orders to stay away from certain people.
Throughout the criminal process, your Plainfield, 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. 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 Plainfield, IL?
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. Having a former prosecutor on our legal team gives us insight into how criminal charges are investigated, evaluated, and pursued by the prosecution. Our dedicated private investigator can help uncover information that wasn’t included in the police report, locate witnesses, and develop evidence that supports your defense.
You’ll have direct access to the attorney handling your case, including their personal cell phone number. 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. 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 should know why we’re recommending a particular course of action and how it could affect the outcome of your case.
Plainfield, IL Assault Lawyer FAQs
Can the Alleged Victim Have Assault Charges Dropped?
Even if the person accusing you of assault wants the charges dismissed, the final decision belongs to the prosecutor. Plainfield, 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.
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 exact charge, the facts, and your eligibility for alternative dispositions all matter. A Plainfield, IL assault lawyer can review your case, explain the sentencing possibilities, and determine whether a noncustodial resolution or a reduction in charges is a realistic option.
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. Supervision is not available for felony charges under the ordinary supervision statute, and it does not automatically erase the arrest or court record. Your attorney can determine whether the charge and your circumstances make you eligible.
When Should I Contact an Assault Defense Lawyer?
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. 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.
Do Most Assault Cases in Illinois Go to Trial?
Many criminal cases are resolved before trial, although you should never assume yours will be. Some cases are dismissed because of legal or evidentiary issues, while others are resolved through negotiations with prosecutors. We evaluate the available options with you and prepare your case for trial rather than relying on the possibility that prosecutors will offer a favorable deal. You should understand the consequences of any proposed plea before deciding whether to accept it.
Other case types we handle in Plainfield, IL include:
Speak With Combs Waterkotte About Your Plainfield, IL Assault Charges
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.
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.
