Anyone who is accused of assault or battery will be worried. Even the mere accusation of assault or battery can cause people to treat you differently. If you are found guilty, you may face jail time, heavy fines and other punishments. If you are in this situation, it is important that you seek the assistance of an experienced criminal lawyer.
Are you accused of assault or battery? As soon as you can, contact an Assault Defense Attorney!
Read on to learn how to win a Woodridge assault and battery case. What it takes to succeed and what’s at stake when you fail.
What is required to win an assault and battery case in Illinois?
A good lawyer. This is the most important and first thing you will need in order to win your criminal defense case. We will go into more detail about the reasons why this is. If you’re looking for an answer quickly, this is it. Illinois criminal law can be complex and the courts do not have a lot of sympathy for defendants. It is never worth it to represent yourself in a case like this.
Here’s what you need to do in order to win your criminal defense case. You will understand how essential an Illinois criminal defense lawyer is once you know what you need to do.
You need the following things to win your criminal defense case:
- Evidence. Strong evidence is one of the best ways to convince a judge that you are innocent. These types of proof, such as photos, videos, medical records, and accident reports, are essential in showing that you didn’t do what the prosecution claims you did.
- Find witnesses. People who witnessed the event or its aftermath are very important, if you find them. It is important to have as many witnesses who can confirm your version of the events.
- A convincing argument. It’s still possible to lose even with witnesses and evidence. You can lose a case if you cannot explain why you did not commit the crime, or why the events should be interpreted to your advantage (such as when you acted in self-defense).
- Legal expertise. Assault and battery laws are very specific in what they consider a crime. You need to know how they’re interpreted and how you can apply them in your particular circumstances.
- You need to be able to negotiate well. Although it may not be possible for you to avoid all charges altogether, you could reduce the charges. You will need to have strong negotiation skills in order to find a compromise with the prosecutor.
- Time. Finding and investigating evidence, creating an argument and negotiating all take time and effort. It can be difficult to pursue a criminal case if you lack legal training, the support of other professionals and relationships with people in the court.
Understanding Assault and Batter In Illinois
Many people have heard people say “I was assaulted.” Fewer people will say “I’ve been battered.” In Illinois, however, it matters how these terms are defined. Both can happen together or separately, and both have their own legal implications.
If you have a criminal record, the consequences of your actions can be much more serious.
What is assault under Illinois law?
Illinois law defines assault as verbal threats such as threats of hitting someone, killing someone, or injuring them in any way. The law defines assault as “conduct that places another person in a reasonable fear of being battered.”
You can be charged for assault even if you never touch anyone. Just threatening them is enough.
In our state, there are two main categories of assault that carry different punishments.
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Assault
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Class C misdemeanor
- Prison sentences of up to 30 days
- Fines up to $1,500
- You can also assign between 30 and 120 hours of community service
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Aggravated assault
- Assault can be charged with more serious charges if it is committed in a certain location (public property or sports venue). Assaulting victims with disabilities, those over 60, teachers, or others.
- It can be charged as a Class A misdemeanor, or a Class 4 felony.
- The punishment for a Class A misdemeanor is up to one year in prison or a fine of up to $2,500, or both.
- A Class 4 felony could result in a maximum of three years imprisonment, a maximum fine of $25,000, or both
What is Battery in Illinois
Many people associate “assault” with battery, which is the act of physically harming someone by punching, kicking or otherwise causing them pain. This can include any unwanted, insulting or provocative physical contact.
If a battery charge results in serious injury, permanent disability, or disfigurement then it can be aggravated. Aggravated Battery can also be caused by the use of a firearm, another deadly weapon, explosives, or if you harm a child, law enforcement officer, or other person.
The following are some of the punishments for battery:
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Battery
- Class A misdemeanor
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Aggravated battery
- Class 3 crimes can be upgraded to Class 2, class 1, or a Class X felony
- Two to five years imprisonment can be imposed for a Class 3 crime
- Class 2, Class 1, and Class X felonies are punishable by up to 30 years of imprisonment
What Should You Do If You Have Been Charged with Assault or Battery?
Contacting a criminal lawyer should be your first step if you’ve been charged with assault, battery or both. The time is critical. If you’ve been officially charged, it is even more crucial to hire an attorney right away. You are at a disadvantage every day that you allow the prosecution to build their case. You don’t want any risks when losing the battle could cost you your entire life.
Your lawyer can assist you if you believe that you are innocent, or if the situation is more complex than it seems. Illinois has strong defenses to accusations of assault and Battery. Self-defense, defending another person or defending property are all possible defenses. You can also build a strong case if you are sure that the victim agreed to the contact.
Losing your assault and battery case can have serious consequences, especially if you’ve had previous convictions. We encourage you to contact a lawyer immediately if you face such allegations. You can then get advice tailored to your specific situation, and have someone on your side who will help you both now and in the future.
The article How to Win an Assault and Battery Case in Woodridge IL? first appeared on Attorney at Law Magazine.