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.
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.
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.
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).
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.