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.

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 penalties.

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:

1. Firearm, rifle, or gun
2. Knife or blade
3. Poison
4. Automobile

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 over 100 years of collective legal experience to work for you.