Assault Charges Lawyer Chicago

Assault Charges Lawyer in Chicago Serving All of Cook County

An assault charge conviction in Chicago can lead to fines, time in jail, or even a lengthy stint in prison for extreme circumstances. The last thing you should do is take on your assault charges alone. You need a defense attorney who understands the law and can reduce the impact that your assault charges will have on your life and career.

At Combs Waterkotte, we have years of experience successfully litigating against assault charges in Chicago, Illinois. Our firm’s combined 6+ decades of legal experience means we have a deep understanding of Illinois criminal law, and our client-centered approach means you’ll have access to us to know what’s going on with your case 24 hours a day, 7 days a week.

If you’re ready to protect your future, defend your rights, and fight back against your Chicago assault charge case, reach out to Combs Waterkotte online today or give us a call at (314) 900-HELP. The sooner you secure legal representation, the better chance you’ll have at getting a favorable outcome in your case.

What Are Assault Charges in Chicago Illinois?

Many Chicago and Cook County residents may have a misconception about what actually constitutes an assault charge under the law. The Illinois Criminal Code simply defines assault as “engaging in conduct that places another in reasonable apprehension of receiving a battery.” In other words, assault in Chicago essentially means threatening someone else with harm.

No physical contact with another person is required for prosecutors in Cook County to levy an assault charge. All that matters is that a person was threatened and that threat gave them reasonable fear of being injured; they do not actually have to be injured for the charge to apply.

Acts like raising a fist and threatening to hit someone or verbally threatening someone else while advancing toward them aggressively constitute assault under Illinois law.

Aggravated Assault in Chicago

The aggravated assault statute in Illinois consists of more severe threats, often involving weapons and protected groups of individuals. There are certain conditions required for an aggravated assault to take place. Aggravated assault happens when an assault:

• Occurs in a public place (like a street, park, or house of worship)
• Occurs against protected individuals, including police officers, firefighters, or state government employees
• Occurs with:
  • The use of a deadly weapon
  • The discharge of a firearm
  • The use of a vehicle (where the victim fears the vehicle will strike them)

Due to their differences in severity, assault and aggravated assault have different penalties under Illinois law.

Is Assault a Felony in Chicago?

A base-level assault charge (as defined in 720 ILCS 5/12-1) is not a felony; it is a Class C misdemeanor. Penalties for a Class C misdemeanor under Illinois law include:

• Up to 30 days in jail
• A fine between $75 and $1,500

The assault statute also specifically calls for anyone convicted of assault to serve between 30 and 120 hours of community service.

Aggravated assault, on the other hand, may be charged as a felony or a misdemeanor under Illinois law, depending on the circumstances (i.e., who the offense was committed against and what weapons were used). In Chicago, aggravated assault may be charged as:

• A Class A misdemeanor (in most cases), resulting in:
  • Up to 364 days in jail
  • A fine between $75 and $2,500
• A Class 4 felony when using a deadly weapon to threaten a police officer, firefighter, or state government employee, resulting in:
  • A 1 to 3 year prison sentence
  • A 3 to 6 year extended term prison sentence
• A Class 3 felony when shooting from a vehicle at a police officer, firefighter, or state government employee or threatening to hit any of these groups with a vehicle, resulting in:
  • A 2 to 5 year prison sentence
  • A 5 to 10 year extended term prison sentence

Whether you’re facing a Class C misdemeanor assault charge or a Class 3 felony aggravated assault charge with aggravating circumstances, get in touch with Combs Waterkotte and fight to get your Chicago assault case reduced or dismissed.

Assault Vs. Battery in Chicago

It’s common for people to confuse assault and battery in Chicago or to wonder what the differences between the two charges are. It’s an important distinction, as the legal definition of assault under Illinois law is to threaten someone with battery.

The best way to think about it is that assault consists of threatening someone else with harm, and aggravated assault consists of threatening protected groups with extreme harm. Battery, on the other hand, crosses the line from mere threat into real violence.

Under 720 ILCS 5/12-3, battery is defined as causing bodily harm to someone or making physical contact of an insulting or provoking nature. It’s a Class A misdemeanor — the same charge as a standard-level aggravated assault.

Aggravated battery, on the other hand, consists of committing great bodily harm or permanent disability or disfigurement. It’s always charged as a felony. The base charge is a Class 3 felony, but someone may be charged with Class 2, Class 1, or even Class X felony aggravated battery depending on the circumstances. Offenses committed against law enforcement tend to yield the most serious charges.

How to Beat Assault Charges in Chicago, Illinois

An assault charge in Chicago can have long-term consequences on someone’s life if they’re convicted. An experienced defense attorney can help to mitigate the impact of those charges, though, or even get them dismissed altogether.

At Combs Waterkotte, we’ve helped hundreds of clients take on assault charges. Through those cases, we’ve found several criminal defense strategies to be effective in getting assault charges reduced or dismissed. We’ve even achieved acquittals at trial. Here are some of the most effective defense strategies we use in Chicago, Illinois assault charge cases.

Self-Defense

Self-defense is one of the most powerful defenses against assault charges in Chicago. A defendant may argue that they reasonably believed they were in imminent danger of being harmed and acted to protect themselves.

For example, if someone aggressively approached while making threats, raising a fist or displaying a weapon in response may be justified. If the defendant’s actions were proportionate and based on a genuine fear of harm, prosecutors may be unable to prove assault beyond a reasonable doubt.

Defense of Others

A Chicago or Cook County resident can lawfully threaten force to protect another individual from imminent harm. In an assault case, this might involve stepping in when a third party is being threatened or cornered.

For instance, if a defendant brandished an object or made threats to scare off an aggressor targeting a friend or family member, that conduct may be justified. The key issue is whether the defendant reasonably believed intervention was necessary to prevent harm to someone else.

Lack of Intent

Assault in Illinois requires intentional conduct that places another person in reasonable fear of harm. If the defendant did not intend to threaten or frighten anyone, the charge may fail.

As an example, a person gesturing animatedly during an argument or holding an object without realizing it could be perceived as threatening may lack the required intent to prove the charge. Demonstrating that the conduct was accidental, misunderstood, or not meant to intimidate can be an effective defense strategy.

Alibi

An alibi defense can completely defeat an assault charge by showing that the defendant was somewhere else when the alleged incident occurred. This may involve surveillance footage, phone location data, receipts, or witness testimony confirming the defendant’s whereabouts.

If an alleged victim, for example, claims they were threatened at a specific location and time, but the defendant can prove they were at work or were in another part of Chicago, the prosecution’s case may collapse entirely.

Fourth Amendment Violations

If law enforcement officers obtained evidence through unlawful search or seizure, that evidence may be suppressed. In assault cases, this could involve improperly obtained video footage, weapons, or other physical evidence.

For example, if the police entered a home without a warrant or valid exception and seized an object allegedly used to threaten someone, that evidence may be excluded for Fourth Amendment violations. Without key evidence, prosecutors may lack sufficient proof to move forward with the charge.

Fifth Amendment or Miranda Violations

Statements made by a defendant or often central in assault cases, especially where intent is disputed. If police failed to advise the defendant of their Miranda rights before a custodial interrogation, those statements may be a Fifth Amendment violation and may not be admissible.

If a defendant, for example, allegedly admitted they “meant to scare” someone but they were not read their rights before questioning, that damaging statement could be suppressed. Removing these kinds of admissions can significantly weaken the prosecution’s ability to prove intent.