Chicago, IL Assault Defense Attorney

Trusted Lawyer Defending Clients Against Assault Charges in Chicago, Illinois

An accusation of assault can have serious consequences. In fact, a person could be arrested even if there are no physical injuries or even any contact between them and their alleged victim. In Illinois, assault is a criminal offense that involves threats or actions that cause someone to fear that they will suffer harm. Many people misunderstand assault as requiring physical contact, but in reality, a person can be arrested and prosecuted based solely on their words or behavior.

Miranda Law Office, LTD defends clients in Chicago against accusations of assault, aggravated assault, and other violent crimes. We provide strategic legal representation while working to protect the rights of the accused and prevent consequences that could affect them in the future. Attorney Miranda has more than 20 years of experience in criminal law, including working as a Cook County prosecutor. Our firm is deeply connected to the Chicago community, and we provide accessible legal services in both English and Spanish, ensuring that every client has the support they need throughout their case.

How Our Defense Lawyer Can Help with Assault Charges

Facing assault charges can be intimidating, particularly when the allegations are exaggerated or entirely unfounded. Our experienced criminal defense attorney can review the facts, evaluate the credibility of witnesses, and challenge weak or inconsistent accusations. We work quickly to uncover evidence and build effective defense strategies to help our clients avoid convictions.

What Constitutes Assault Under the Law?

Illinois law defines assault more broadly than many people may realize. According to 720 ILCS 5/12-1, a person may be charged with assault if they engage in any conduct that causes someone else to believe that they will suffer battery. In simple terms, threatening words or actions that cause someone to fear that they will be physically harmed can constitute assault, even if no contact actually occurs.

Some examples of conduct that may lead to an assault charge include:

• Verbally threatening someone while raising your fist as if you may strike them.
• Chasing or cornering a person in a way that causes them to fear that they will suffer harm.
• Making aggressive gestures during a heated argument, particularly when combined with threatening language.
• Throwing an object and missing.
• Attempting to punch someone but not making contact.

In many cases, these situations arise during emotional disputes, such as domestic arguments, traffic incidents, or disagreements in public places. Police officers often make arrests based on the statements of the alleged victim and any nearby witnesses, even if there is little physical evidence that assault occurred.

Aggravated Assault in Illinois

Certain factors can elevate a simple assault charge to aggravated assault, which is a more serious offense. Aggravated assault is defined in 720 ILCS 5/12-2, and it may involve aggravating factors such as:

• Use of a dangerous or deadly weapon, such as a gun or knife
• Assault against certain protected people, including police officers, teachers, transit workers, or people who are over the age of 60
• Conduct in specific locations, such as schools, public parks, or on public transportation
• Disguising one's identity when committing assault, such as wearing a mask or a hood

Penalties for Assault and Aggravated Assault in Chicago

The consequences a person may face if they are convicted of assault may be different based on whether the charge is classified as a misdemeanor or felony. In general, simple assault is a Class C misdemeanor, and it may be punishable by up to 30 days in jail and a fine of up to $1,500. A judge may also impose community service or mandatory anger management.

Aggravated assault could be classified as either a misdemeanor or a felony. Class A misdemeanor charges may apply if the alleged victim was over the age of 60 or was a teacher, or park district employee. This charge may also apply if a person allegedly used a weapon other than a firearm. A person who is convicted of a Class A misdemeanor may be sentenced to jail time for as much as one year and fined up to $2,500.

If a person is accused of assault against a police officer, EMT, or firefighter or while using a firearm, they may be charged with a Class 4 felony. If convicted, a person may be sentenced to one to three years in prison, and they may be required to pay fines of up to $25,000. More serious felony charges may apply in certain cases, such as when a person is accused of attempting to strike someone with a motor vehicle.

A conviction for assault will remain on a person's permanent criminal record, which can impact job opportunities, housing, educational prospects, and professional licenses. For non-citizens, certain assault convictions may lead to immigration consequences, including the possibility of deportation.

Fighting Assault Charges

Attorney Miranda takes the time to understand the specific circumstances surrounding the accusations against our clients. He will develop a strategy focused on protecting the client's rights and achieving the most favorable outcome. Potential defenses may include:

• Showing that a person acted in self-defense or defense of others
• Demonstrating a lack of intent to threaten someone or cause fear
• Proving that accusations are false
• Highlighting a lack of credible evidence or reliable witnesses
• Arguing that a person's constitutional rights were violated during their arrest or questioning

Contact Our Chicago, IL Assault Defense Lawyer

Miranda Law Office, LTD provides experienced criminal defense services for people who have been accused of violent crimes such as assault. Contact our Chicago assault attorney at 773-588-3822 to set up a confidential consultation.