Assault is charged under 720 ILCS 5/12-1  and refers to a suspect that knowingly and unlawfully places another person in apprehension of an imminent battery. What does that mean? How is assault different than battery? These are very common questions. People often use the term assault and battery interchangeably. In fact, they are two entirely different criminal offenses in Illinois. Battery occurs when the suspect makes unlawful contact with another person that either causes harm to that person or is insulting or provoking. The maximum sentence for misdemeanor battery is 364 days in jail. Assault on the other hand involves no actual contact with another person. A person is guilty of assault when they intentionally cause another person to reasonably fear that they are about to receive a battery. For example, if a person takes a swing at another person but misses, this can be charged as assault. That is because the person who had the fist flying in his direction reasonably believed he was about to receive a battery. Even though the punch never landed, the crime of assault has been committed.
A person convicted of assault in Illinois can face up to 30 days in jail along with a fine up to $1,500. In certain circumstances, an assault can be charged as a felony where a suspect can be sent to prison for a year or more.
No matter the assault case, if you or a loved one faces assault charges in Chicago or the suburbs, you should immediately call Chicago area assault defense lawyer, Andrew Weisberg. Mr. Weisberg has the experience and knowledge of a former felony level criminal prosecutor and he understands assault cases from every angle. If you face assault charges (720 ILCS 5/12-1) of any kind, contact Mr. Weisberg at the office or any time on his cell phone at (312) 444-0011.
When it comes to assault cases in Chicago and the neighboring suburbs, there are most often two sides to every story. An aggressive and experienced assault defense attorney will look at every possible strategy and defense that can be used to win your case. A very common and often successful defense used in assault cases is self-defense or defense of others. If for example, a person believes his wife is being attacked, he has a right to defend his wife. He may decide that the best way to defend his wife is to grab a nearby brick and gesture as if he were going to hit the attacker. Normally this type of behavior would be criminal. In this case however, the suspect can properly argue at trial that the use of the brick was not an assault but merely an effort to defend his wife. An experienced and talented criminal defense lawyer like Andrew Weisberg will argue your defense in a way designed to convince a Judge or Jury to that you are not guilty. Don’t trust your important case to just any lawyer. Andrew Weisberg will fight hard to defend you in any of the following assault or battery cases:
If you or a loved one have been charged with assault (720 ILCS 5/12-1) in the Chicago area, Andrew M. Weisberg is a criminal defense lawyer with a reputation as an aggressive, tough and smart defense attorney. He is a former prosecutor in both Cook County and Will County, and he has great experience in defending every area of criminal law, from sex crimes and violent offenses to domestic violence and theft offenses. To speak with Mr. Weisberg, call his office or his cell phone 24/7 at (312) 444-0011. The consultation is immediate, free and confidential.