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720 ILCS 5/12-1

Assault

 

  • Class C misdemeanor
  • Up to 30 days in jail
  • Fine up to $1,500
  • Call for more details

Understanding Assault in Illinois

Assault is a criminal offense in Illinois that involves the act of intentionally causing another person to fear imminent bodily harm. Unlike battery, which involves physical contact, assault is focused on the threat of harm rather than the actual physical contact. A conviction for assault can lead to legal penalties, including fines, jail time, and a permanent criminal record, which can have long-lasting consequences on various aspects of your life.

 

What Constitutes Assault in Illinois?

Under Illinois law, assault is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/12-1. The offense occurs when an individual knowingly engages in conduct that places another person in reasonable apprehension of receiving a battery. In other words, the victim must reasonably believe that they are about to be physically harmed.

Key elements of assault include:

  • Intentional Conduct: The offender must have intentionally engaged in behavior that caused fear or apprehension in the victim.
  • Imminent Threat: The threat of harm must be immediate and credible, causing the victim to believe that they are in immediate danger.

Examples of Assault Under Illinois Law

Here are specific examples of what could constitute assault under Illinois law:

  • Threatening Someone with Raised Fists
    • Statute: 720 ILCS 5/12-1(a)
    • Description: An individual raises their fists and threatens to hit another person, causing the victim to fear an imminent attack.
  • Lunging at Someone in a Menacing Manner
    • Statute: 720 ILCS 5/12-1(a)
    • Description: A person lunges toward another in a threatening way, making the victim believe that they are about to be struck.

Penalties for Assault in Illinois

The penalties for assault in Illinois can vary based on the circumstances of the offense. Potential penalties include:

  • Class C Misdemeanor:
    • Up to 30 days in jail
    • Fines of up to $1,500
  • Class A Misdemeanor (for aggravated assault, which involves the use of a deadly weapon or the assault of certain protected individuals):
    • Up to 1 year in jail
    • Fines of up to $2,500

In addition to these legal penalties, a conviction for assault can result in a permanent criminal record, affecting future employment, housing, and other opportunities.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of assault is a serious matter that requires an experienced defense attorney. Here’s why Andrew M. Weisberg is the defense attorney you need:

  • Extensive Knowledge of Illinois Assault Laws: Andrew M. Weisberg has a deep understanding of Illinois laws related to assault and other violent crimes. His background as a former Cook County prosecutor provides him with valuable insights into how these cases are prosecuted, enabling him to develop effective defense strategies.
  • Strategic and Personalized Defense: Mr. Weisberg carefully examines the details of your case to identify any weaknesses in the prosecution’s evidence. He tailors his defense strategy to your specific situation, aiming for the best possible outcome.
  • Aggressive Courtroom Advocacy: Known for his assertive courtroom presence, Mr. Weisberg is committed to vigorously defending your rights, whether through negotiating a favorable plea or challenging the evidence at trial.
  • Compassionate and Confidential Client Support: Facing criminal charges can be overwhelming, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that you are fully informed and supported every step of the way.

Contact Andrew M. Weisberg for a free consultation to discuss your assault case and learn how he can help protect your rights and fight for the best possible outcome.