Violent Crimes Lawyer
Assault and Battery Lawyer Illinois
Assault and Battery Lawyer in Illinois. Being charged with assault or battery is a serious crime that could impact your finances, freedom and future. If you or someone you love is facing charges, Drummond Law’s expert and dedicated assault and battery lawyer team in Illinois will be by your side through the legal process and fight to get you the best possible outcome in your case. The state of Illinois aggressively prosecutes assault and battery cases, and without the right legal representation you could be facing years in prison. Our mission is to make sure everyone, no matter what they’re accused of, has their day in court and receives excellent legal advocacy. Call a Drummond Law Illinois assault and battery lawyer at 217-388-1103 or contact us online for a free consultation.
What’s the Different Between Assault and Battery in Illinois?
Traditionally speaking, assault refers to threatening someone in a way that would cause a reasonable person to fear for their physical safety. Battery is a violent crime that involves actually going through with that threat and physically harming someone, or engaging in “offensive contact” with someone without their consent.
What Are the Penalties for Assault in Illinois?
According to 720 ILCS 5/12-1, assault is categorized as a Class C misdemeanor, which carries with it the possible sentences of:
- Up to 30 days in jail
- Probation or conditional discharge of up to 2 years
- A fine between $75 and $1,500 for each count
- House arrest
Community service is also mandatory. Most of the time, if you have no prior convictions, an experienced Illinois assault lawyer like those at Drummond Law will be able to get your charges dismissed or reduced.
What is Aggravated Assault in Illinois?
If the prosecution believes there are certain aggravating factors in your case, they may seek stricter penalties for aggravated assault under 720 ILCS 5/12-2. Aggravating factors for assault are:
- If the assault occurred in a public place, sports venue or place used for religious worship
- If the assault was carried out against someone who is physically disabled, a school employee on school grounds, a parking district employee on park grounds, a state employee, private security, or a sports official or coach
- If the assault included a firearm or something that looks like a firearm
- If the assault involved a motor vehicle
- If the assault is recorded by audio or video with the intent to distribute the recording
Aggravated assault can be a Class A Misdemeanor or a Class 4 felony if a weapon is used. Jail time can be anywhere from 30 days to six years, and fines can be anywhere from $75 to $25,000. Your Drummond Law assault lawyer will work with you to develop a defense strategy that will minimize the penalties of your aggravated assault charge.
What Are the Penalties for Battery in Illinois?
Under 720 ILCS 5/12-3, battery is classified as Class A Misdemeanor, which potentially carries with it:
- A prison sentence of less than one year
- Probation or conditional discharge of up to 2 years
- Fines of up to $2,500
As with a Class C Misdemeanor, community service is mandatory. If you’ve been charged with battery in Illinois, you can avoid jail time with the help of your Drummond Law battery lawyer if your charges are not dropped altogether.
Aggravated Battery in Illinois
The state may charge you with aggravated battery based on:
- The injury, for example if the battery resulted in “great bodily harm,” permanent disability or if it involved strangling.
- Who the battery was carried out against, for example a child, someone over 60, someone with a disability, a pregnant woman or an employee of the state.
- The location, for instance public property or a place of worship.
- Other circumstances, such as if a weapon was involved or if a mask was worn to hide identity.
Aggravated battery is usually a Class 3 felony, but in some circumstances can become a Class 2, 1, or X felony, the latter of which can carry a prison term of up to 60 years in Illinois. Because of seriousness of the charges, you need a battery lawyer you can trust to fight on your behalf and aggressively defend you. Call Drummond Law today.
Domestic Battery in Illinois
Domestic battery is when someone knowingly causes bodily harm or makes provoking or insulting physical contact with a family member or another person they reside with. It is a Class A misdemeanor but can be elevated to a Class 4 felony if:
- It is the defendant’s second conviction for domestic battery
- The defendant has previously been convicted for:
- Domestic battery
- Aggravated battery
- Violating a protection order
- Aggravated stalking
- Sexual assault
If domestic battery is committed in the presence of a child, there’s a mandatory sentence of at least 10 hours in jail and/or 300 hours of community service. The offender will also be required to pay for any therapy the child may need.
How an Assault and Battery Lawyer in Illinois Can Help
The penalties for assault and battery are harsh. You need an experienced and knowledgeable Illinois assault and battery lawyer who will fight for you and get the best possible results for your case. Besides fines and jail times, a conviction can affect your reputation and make it difficult to find a job or rent a home. Every Drummond Law assault and battery attorney in Illinois is non-judgmental and passionately believes everyone is entitled to the rights of a fair trial and expert legal representation. We are understanding and, while the best-case scenario will be to have the charges dropped, we will always be honest with you about whether it’s best to accept a plea deal or to fight the prosecution in a jury.
As part of our legal strategy, we will investigate witness reliability, possible sloppy or unethical police work and much more in order to fight back against the charges. If you decide a plea deal is your best option, we’ll present a convincing argument for why you should receive a light sentence.
If the charges are dropped or you are acquitted, a Drummond Law assault and battery attorney can help you have your record expunged. In the event of a conviction, we may be able to help you have your records sealed after a certain amount of time has passed.
Call a Drummond Law Assault and Battery Lawyer in Illinois for a Free Consultation
The choice of an assault and battery lawyer is vital; if you don’t secure the best possible outcome for your case, it could impact you for the rest of your life. Drummond Law’s assault and battery lawyer team has been defending Illinois residents since 1976. For expert, dedicated and tenacious legal representation you can count on to fight for you, call a Drummond Law Illinois assault and battery lawyer at 217-324-2323 or contact us online.