Assault & Aggravated Assault Attorney Lake County, Illinois
If you are charged with assault or aggravated assault in Lake County, Illinois criminal court, the HoffmanLaw Office is here to defend you. We have almost 20 years' experience handling criminal cases in the Lake County court system.
You do not have to go through the criminal court process alone. You have the right to seek and retain an experienced attorney to defend you against the significant punishment you could receive in criminal court.
The HoffmanLaw Office is led by a former Criminal Division Lake County Assistant State's Attorney, with many years experience as a former misdemeanor and felony court prosecutor. We have an impressive record of success in defending people like you against serious criminal charges in the Lake County courts.
We believe you should have a strong advocate on your side- someone who will stand up for your rights and work hard to achieve the best possible outcome in your case.
Offenses We Discuss on this Page: Assault Aggravated Assault
ASSAULT: Criminal Defense Attorney for Lake County Misdemeanor Assault Charges
ASSAULT: Criminal Defense Attorney for Lake County Misdemeanor Assault Charges
What is the definition of "assault" in Illinois?
Your misdemeanor charge of ASSAULT alleges that you, without lawful authority, knowingly engaged in conduct which placed another in reasonable apprehension of receiving a battery. See, 720 ILCS 5/12-1.
What is the penalty for "assault" in Illinois?
Your assault charge is a class C misdemeanor, punishable by a fine of up to $1,500 and up to 30 days in jail. If you are convicted of or placed on court supervision for the charge of assault and are not sentenced to jail, under the law you will be required to perform not less than 30 and not more than 120 hours of community service.
What is the difference between "assault" and "battery?"
As can be seen, your misdemeanor charge of assault refers to the charge of battery. You commit the offense of battery if you knowingly without legal justification by any means (1) cause bodily harm to an individual or (2) make physical contact of an insulting or provoking nature with an individual.
In order for someone to be the victim of an assault, that person must be in reasonable apprehension of becoming the victim of either bodily harm or of physical contact of an insulting or provoking nature.
Words Alone Do Not Constitute Assault
Words Alone Do Not Constitute Assault
Illinois courts have held that words alone usually are not enough to constitute an assault, and that some action or condition must accompany the words before there is a violation of the assault statute. See, People v. Floyd, 278 Ill.App.3d 568, 663 N.E.2d 74 (1st Dist., 1996); People v. Ferguson, 181 Ill.App.3d 950, 537 N.E.2d 880 (1st Dist., 1989). The courts also have held that an assault cannot be predicated on a threat for some unspecified future date. See, People v. Kettler, 121 Ill.App.3d, 459 N.E.2d 7 (4th Dist., 1984).
Can I be charged with both assault and battery?
Because assault and battery are separate charges, the prosecution can charge you with both. If the prosecution thinks the alleged victim first suffered an assault, and then immediately after was battered, such a combination of charges against you may result. The HoffmanLaw Office also is prepared to defend you in this type of case.
Can I be charged with assault in violation of an ordinance?
There are situations, in Lake County, where the offense of assault is charged but is not charged as a misdemeanor offense. Assault charges issued to you alleging a violation of a local ordinance are not misdemeanor charges and are not punishable by time in jail.
Unlike Lake County, Illinois misdemeanor assault charges, which are prosecuted in the main Lake County criminal courthouse in Waukegan, your ordinance level assault charge likely will be prosecuted at one of the Lake County branch courthouses in Park City, Round Lake Beach, or Mundelein. Your ordinance level assault charge is "quasi criminal" in nature and can give you a record.
Can the HoffmanLaw Office help me with my assault case?
The HoffmanLaw Office defends all types of misdemeanor and ordinance level assault charges throughout the Lake County, Illinois court system. We understand the issues that arise in assault and aggravated assault cases. We know the charges you are facing are merely allegations and you are presumed innocent under the law. Relying on many years of Lake County criminal court trial experience, we are ready to start defending your case.
AGGRAVATED ASSAULT: Meet a Seasoned Criminal Defense Attorney Ready to Defend Your Case
AGGRAVATED ASSAULT: Meet a Seasoned Criminal Defense Attorney Ready to Defend Your Case
Is aggravated assault more serious than assault?
If you are charged with AGRRAVATED ASSAULT, you are facing a more serious charge than that of assault. This is because your aggravated assault charge carries greater potential penalties and alleges facts in addition to and above those typically alleged in a regular assault case.
The HoffmanLaw Office also defends clients charged with aggravated assault.
Is aggravated assault a misdemeanor or felony?
Your charge of aggravated assault can be a misdemeanor or felony offense. Under Illinois law, aggravated assault is broken into three major categories. The different categories of aggravated assault all allege an assault occurred, but also focus additionally on:
- the location the conduct occurred; or
- the use of a firearm, device, or motor vehicle; or
- the special status of the victim. See, 720 ILCS 5/12-2.
The HoffmanLaw Office defends all of these different types of Lake County, Illinois aggravated assault charges in misdemeanor and felony court. Each of these different types of aggravated assault charges, including their many varieties, is discussed in turn below.
Based on Location of Conduct
Under this first section of the Illinois aggravated assault statute, you commit aggravated assault when you commit an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue. 720 ILCS 5/12-2(a). This location-based type of aggravated assault is a class A misdemeanor, punishable by up to a $2,500 fine and up to 364 days in jail.
Based on Use of Weapon, Vehicle or Object
Another type of aggravated assault charge is based on the use of a firearm, object, or motor vehicle. Some of the situations where you may be charged with this type of aggravated assault can involve the following:
- using a deadly weapon or discharging a firearm;
- concealing your identity while committing an assault;
- shining a laser gun sight at or near someone;
- threatening a police officer, fireman, or emergency worker with a firearm;
- driving a vehicle in a way that places someone in fear of being struck; and
- video or audio recording an assault with the intent to disseminate the recording. 720 ILCS 5/12-2(c).
Based on Status of Victim
The charge of aggravated assault also can be based on the status of the alleged victim. Victim status based aggravated assault charges seek to punish more severely the assault of protected classes of people, based on their ages, physical characteristics, or occupations. Some of these protected classes include:
- people 60 years of age or older;
- people with disabilities;
- teachers and school employees;
- park district employees;
- community police volunteers, private security officers, and utility workers;
- peace officers and firefighters;
- correctional officers;
- sports officials or coaches; and
- process servers. See, 720 ILCS 5/12-2(b).
HoffmanLaw: A Tradition of Excellence in Criminal Defense
HoffmanLaw: A Tradition of Excellence in Lake County Criminal Defense
If you were arrested and charged with assault or aggravated assault in Lake County, Illinois, we can help. The HoffmanLaw Office has nearly 20 years' experience working on misdemeanor and felony criminal cases in the main Lake County criminal courthouse in downtown Waukegan. We can put our experience to work for you in seeking an excellent resolution of your case.
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HoffmanLaw(847) 587-5000
HoffmanLaw(847) 587-5000
What is Assault?
What is Assault?
Knowingly Engaging in Conduct
Which Places Another Person
In Reasonable Apprehension of Receiving a Battery
Why Choose HoffmanLaw to Defend Your Lake County Illinois Criminal Assault Case?
Why Choose HoffmanLaw to Defend Your Lake County Illinois Criminal Assault Case?
Analysis.
The HoffmanLaw Office always is focused on the presumption of innocence. Building on this presumption, the HoffmanLaw Office performs a systemmatic and searching ANALYSIS of the facts alleged in your case. This intensive analysis exposes weakness in the prosecution's evidence and develops powerful defense arguments and strategies.
Preparation.
The HoffmanLaw Office strives to know completely the facts and law of your case. In criminal court, good results do not often emerge by chance. They come through intense PREPARATION that lays the groundwork for success. When you select the HoffmanLaw Office as your legal advocate, you team yourself with a philosophy of extreme preparation.
Results.
The HoffmanLaw Office views every time it appears in court with you as an opportunity to achieve RESULTS. Whether it is negotiating during a pretrial conference, cross-examining a witness, or delivering a closing argument at trial, the HoffmanLaw Office strives to be your best advocate at all times.
Facing Lake County Illinois Criminal Assault Charges?
HoffmanLaw offers almost two decades of Lake County Illinois criminal trial experience.HoffmanLawDefending Serious Misdemeanor & Felony Aggravated Assault Charges in Lake County Illinois Criminal Court
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Defending Juveniles Against Assault Charges at Juvenile Court in Vernon Hills
Defending Juveniles Against Assault Charges at Court in Vernon Hills
The HoffmanLaw Office also defends assault and aggravated assault charges at the Lake County, Illinois juvenile courthouse in Vernon Hills. 
Juvenile court prosecutions are governed by penalties, rules and procedures that often differ greatly from those that apply in adult court, including those discussed on this page.
Attorney Matt Hoffman of the HoffmanLaw Office has many years' experience with Lake County juvenile delinquency proceedings and "Petitions for Adjudication of Wardship." He is a former Lake County Assistant State's Attorney who used to prosecute juvenile cases in Lake County juvenile court. If your child is charged with assault, aggravated assault or other offenses in Lake County juvenile court, the HoffmanLaw Office has the specific experience necessary to work toward an intelligent and effective resolution of the case.
Matt Hoffman is a former recipient of the Lake County, Illinois Juvenile Justice Award.
HoffmanLawLegal Issues Blog
In Assault Cases the Apprehension of a Battery Must be Reasonable
In order to prove the offense of assault, the prosecution must show beyond a reasonable doubt that the defendant placed the alleged victim in "reasonable apprehension of receiving a battery." See, 720 ILCS 5/12-1(a).
Attacking the prosecution's case on whether it was "reasonable" for the alleged victim to apprehend receiving a battery can be a productive defense tactic. An alleged victim's claimed apprehension of receiving a battery simply may not be reasonable given all circumstances of the case.
If the apprehension is not "reasonable," then an element of the offense is missing, and the prosecution should not prevail.
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"Whether the victim was placed in reasonable apprehension of receiving a battery is a question that the fact finder must resolve. In assessing reasonable apprehension, the victim need not testify expressly that he was in apprehension of receiving a battery. Rather, reasonable apprehension may be inferred from the evidence presented at trial, including the conduct of both the victim and the [accused]." In re Gino W., 354 Ill.App.3d 775, 822 N.E.2d 592 (2d Dist., 2005).
"'Reasonable apprehension' is 'an objective standard, meaning that the apprehension must be one which would normally be aroused in the mind of a reasonable person.'" Id.
The case of People v. Floyd describes a situation where the defendant was found guilty of assault at trial but later acquitted of the charge by the appellate court because the victim's claimed apprehension of receiving a battery was unreasonable. People v. Floyd, 215 Ill.Dec. 324, 663 N.E.2d 74 (1st. Dist., 1996).
In Floyd, Nancy Adams, the alleged victim, was standing outside her doctor's office on Ridge Avenue in Evanston, Illinois, at around 5 p.m. She was listening to music on her "walkman." She noticed the defendant, Wendell Floyd, riding his bicycle, then stop, "kitty corner" from her, and then begin to "stare" at her.
After staring at her for two or three minutes, Mr. Floyd crossed the street on his bicycle and stopped next to her.
"According to Ms. Adams," noted the court, "[Mr. Floyd] then said, '[y]ou come here, you.' An investigating officer related only that defendant said 'come here you.' There is not evidence that defendant dismounted the bicycle or that he made any other physical threat to her." Id.
The reviewing court continued: "Ms. Adams testified that she was 'petrified' and believed defendant wished to do her 'bodily harm.' Adams 'ran into the street' yelling for help. Adams was so afraid that she did not look behind her to observe whether defendant was pursuing her, so we do not know whether defendant merely rode away. A passing motorist gave Adams a ride to Evanston Hospital and the police were summoned." Id.
Attacking the prosecution's case on whether it was 'reasonable' for the alleged victim to apprehend receiving a battery can be a productive defense tactic. An alleged victim's claimed apprehension of receiving a battery simply may not be reasonable given all circumstances of the case.
~Attorney Matt Hoffman, the HoffmanLaw Office
In reversing the assault conviction, the court in Floyd noted, "Although we examine the emotional effect upon the putative victim, the response must be reasonable. It is not enough that the victim feels 'petrified' that the defendant is going to harm her. Such feeling must have a measure of objective reasonableness." Id., emphasis added.
The court continued, "Even when a statement is made in the imperative, such a command or request alone may not rise to the level of assault. Here, defendant said either, 'you come here you' or 'come here you,' depending upon which of the State's witnesses you are to believe . . . In Illinois, we have held that words alone are not usually enough to constitute an assault. Some action or condition must accompany those words before there is a violation of the statute . . .
"[W]e do not minimize the fear engendered by Ms. Adams' encounter with defendant," the court continued. "However, we do not believe that the words used by defendant, even coupled with the fact that he rode his bicycle toward her, rises to the level of assault or that the degree of her apprehension was reasonable. Therefore, we find that the evidence of assault was so unreasonable or unsatisfactory as to create a reasonable doubt of the defendant's guilt." Id. The court then reversed the assault conviction entered by the trial court.
The element of reasonableness is just one of the elements of the offense of assault that must be proven at trial.
If you are charged with misdemeanor or felony assault, you are charged with a criminal offense. The HoffmanLaw Office has many years of experience with Lake County criminal cases.
As you can be seen here, just because you are charged with a criminal offense does not mean you are guilty. The HoffmanLaw Office is here to discuss with you your Lake County assault or aggravated assault charges and is ready to start working on your defense.
HoffmanLawHere to Defend You Every Step of the Way
Bond Court
In Lake County misdemeanor and felony cases, if you are arrested you might be brought before a judge for a bond hearing. At your bond hearing, the judge will consider the charges, the alleged facts, your criminal history, and other factors. Then the judge will set the conditions of your bond. You might be released on your signature or have to post money before you get out of jail. Your bond hearing can be the first time you appear in front of a judge in your case. The HoffmanLaw Office has nearly two decades of Lake County bond court experience in misdemeanor and felony cases. If you have been or are going to be arrested, the HoffmanLaw Office is ready to get to work quickly as your advocate at this early and important step in your case.
Preliminary Hearing
In a Lake County felony case, you have the right to a preliminary hearing or indictment. At your preliminary hearing, the prosecution will call witnesses to try to prove to a judge that there is probable cause that you committed a felony offense. If the judge finds probable cause, your case will be scheduled for arraignment. If the judge finds no probable cause, your charges will be dismissed. If no preliminary hearing is held, your case can be presented to the Grand Jury for indictment. The HoffmanLaw Office has almost two decades of experience with preliminary hearing and Grand Jury issues in Lake County felony cases. The HoffmanLaw Office knows how to assert your rights during this often technical part of your case.
Arraignment
In Lake County misdemeanor and felony cases, at your arraignment the judge formally will advise you of the charges you are facing and tell you their maximum possible penalties. The judge will order the prosecution and defense to comply with discovery rules. These rules will require the prosecution to turn over copies of police reports and other written evidence. At your arraignment, you will be asked to enter a plea. Almost all arraignments include a plea of "not-guilty." The HoffmanLaw Office has represented clients in many hundreds of Lake County arraignments. This Office knows how to defend and assert your Constitutional rights at this significant step in the court proceedings.
Pretrial Conference
A pretrial conference is a court appearance after arraignment in a Lake County misdemeanor or felony case. At a pretrial conference, the prosecution and defense can work toward reaching an agreed resolution of your criminal charges. The HoffmanLaw Office views pretrial conferences, and every other court appearance in your case, as opportunities to advocate on your behalf. There can be multiple pretrial conferences as your case moves forward. During any pretrial conference, the HoffmanLaw Office is focused on the fact that you are presumed innocent. With this presumption always in mind, this Office has many years of experience in negotiating for positive outcomes in Lake County criminal court.
Motion Practice
The HoffmanLaw Office uses pretrial motions to try to favorably alter the outcome of your criminal case. A carefully written and successfully argued pretrial motion can have a profoundly positive effect on the outcome of your case. This is especially so when, for example, the court rules your confession was involuntary, or rules you were the victim of an unlawful search and seizure, or rules you were inappropriately identified in a police lineup, or even rules your charges are so problematic they must be dismissed. The HoffmanLaw Office works hard to analyze the facts and law of your case in exploring the use of effective pretrial motions.
Trial
At its core, the HoffmanLaw Office is a trial law firm. It is built on almost two decades of Lake County criminal court trial experience. If your charges do not resolve during the pretrial process, your case will go to trial. As your advocate, the HoffmanLaw Office will bring many years of Lake County criminal court trial experience to your defense. Attacking the prosecution's evidence, questioning the opinions of prosecution experts and police, and aggressively cross-examining prosecution witnesses are proven ways of raising reasonable doubt in the rigorous pursuit of a not-guilty verdict. The HoffmanLaw Office never waivers from its pursuit of your success.
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