Bloomington Assault Defense Lawyer
Criminal Defense Lawyers Serving Normal, IL
Illinois State law defines assault as using any sort of conduct or behavior
that intentionally makes another reasonably fearful of being harmed or
battered. By this definition, assault is not actually hurting someone but instead
using intimidation, scare tactics, and coercion to negatively influence
them. To this end, it is plain to see how a misunderstanding or exaggeration
could lead someone to accuse you of committing an assault.
Need defense against assault charges?
Contact our Bloomington criminal defense attorneys.
Penalties for Assault Charges
If you are being charged with simple assault in Illinois, you are most
likely going to be charged with a Class C misdemeanor. Do not make the
mistake of assuming that the penalties will be lenient, or that Class
C is a low-level misdemeanor. Any conviction could slam you with harsh
You could be sentenced with any of the following after an assault conviction:
- One month in jail
- $1,500 fine paid to state
- Restitution paid to alleged victim
- 5 days of community service (total hours)
Aggravated Assault Charges Bear Heavy Penalties
The aforementioned legal penalties may be implemented for the most basic
forms of assault in Illinois. It is not uncommon for assault charges to
be escalated to aggravated assault charges. If this happens, you could
be faced with a Class A misdemeanor charge, or possibly a
felony. The penalties will be escalated as well, including 6 years in prison
and a $2,500 fine.
You could be charged with aggravated assault if you allegedly:
- Attempted to hide your identity (including hooded garments)
- Used a motor vehicle to threaten someone
- Recorded the assault for distribution to others
- Used a deadly weapon, or a mock deadly weapon (see below)
- Committed the act in a public place
- Committed the act against a “special victim”
In Illinois legislation, a “special victim” is anyone who is
specifically protected from harm under additional state or
federal statutes. This can include a law enforcement officer, emergency responders,
public workers, elders, and the handicapped, mentally or physically.
Defining Assault with a Deadly Weapon
If any sort of object or item is involved with your assault charges, it
could be considered a weapon. Depending on what it is capable of inflicting,
it may be considered a
deadly weapon, which could raise an assault straight to a Class 4 felony. It
does not matter if you had the capability of using the deadly weapon correctly,
only that it could have caused fatal or serious injury under any circumstances.
For example, you do not need firearms training to have a pistol in your
possession be considered a deadly weapon.
Four items that will constitute a deadly weapon if used in an assault include:
- Firearm, rifle, or gun
- Knife or blade
You Have the Right to Defend Yourself – Use It!
The worst mistake you can make after being accused of assault is to simply
accept the charges and admit guilt. The truth is that there may always
be a way for your case to be dismissed, or your sentencing reduced. To
keep the criminal justice system honest and balanced, it is important
to explore every avenue in a criminal trial. This is the belief and philosophy
of our Bloomington criminal defense attorneys, who have seen the other
side of the courtroom as former prosecutors. Let us put nearly 100 years
of collective legal experience to work for you.
free case evaluation today to discover your legal options.