Illinois Criminal Defense Lawyers
Chicagoland Defense Law Firm for Assault and Battery Charges
Many people who call us after they have been charged with assault are puzzled. "I didn't hit anyone," they tell us. "How can I be in so much trouble?" If something you said (or allegedly said) caused another person immediate fear of receiving a battery, you could be facing criminal assault charges.
It is important that you refrain from discussing the matter with anyone but a trained criminal lawyer. The attorneys at McPherson Harry & Associates, P.C. have over 40 years of combined experience representing defendants charged with Assault and Aggravated Assault crimes. We work at a team, crafting a legal defense strategy that meets your particular needs and your budget. Contact us at 630-472-9700 for a free initial consultation. Rather than having one criminal defense lawyer helping you, a entire team of attorneys will be there providing you with legal help.
In Illinois, the criminal charge of Assault is a Class C Misdemeanor, punishable up to 30 days in jail and/or up to a $500 fine. Any person convicted of or pleading guilty to the criminal charge of Assault must also complete 30 to 120 hours of community service at a local non-profit organization, like a park district, soup kitchen, or church. Court Supervision, fines, court costs, probation, and conditional discharge are also possible sentences.
On the other hand, Aggravated Assault is classified as either a Class A Misdemeanor, Class 4 Felony or Class 3 Felony, depending on the circumstances surrounding the incident. A very common reason the criminal charge of Assault is elevated to Aggravated Assault is when a weapon, such as a firearm or knife, is involved. An Assault may be classified as Aggravated Assault due to the parties involved, like a police officer or a coach, or when the incident occurs in public. In order to be charged with Aggravated Assault, and be found guilty, the prosecution must prove all of the elements of the crime. Otherwise, a judge or jury must find you not guilty of Aggravated Assault.
If the alleged victim claimed you did make physical contact with them, you may be charged with battery, which is a Class A Misdemeanor and a more serious offense than Assault. It also means a criminal arrest record, and worse yet, possibly a conviction that can not be expunged. Make sure you have an battery defense lawyer who will protect your rights and develop a personal defense strategy for you.
Criminal defense attorneys McPherson Harry & Associates, P.C. have handled many felony and misdemeanor battery cases in the Chicago, Illinois area. We know how important it is to have a criminal defense lawyer working for you. The alleged victim will have the police and the state's attorney working for him/her. You will be at a disadvantage if you try to represent yourself.
- A misdemeanor battery charge can mean up to 364 days in jail and a fine up to $2,500.
- We will investigate. Our law firm will look into the charges against you and talk to witnesses.
- There are many different types of sentences available including the possibility of court supervision. Our lawyers will help you understand your options.
- You have constitutional rights. The right criminal defense lawyer will aggressively protect your rights.
The crime of Aggravated Battery in Illinois is defined by virtue of the status of the alleged victim. In other words, a person is arrested and faces Aggravated Battery charges when the other person suffers great bodily harm or receives a permanent disfigurement as a result of the incident. The charge of Battery can also be elevated to Aggravated Battery when the alleged victim works as a police officer, fireman, or security officer or is a child under 13 who receives a permanent injury.
In Illinois, Aggravated Battery is also charged against a defendant who uses a weapon or commits the offense of delivering an unlawful controlled substance when actually committing a battery against another person. Aggravated Battery is a felony and the seriousness of the felony is a result of the factual circumstances associated with the incident.
If you have been arrested for Domestic Violence, please visit our page on Domestic Battery for more information. Domestic Battery is a serious offense and is defined as causing bodily harm or making physical contact of a provoking nature to a family or household member. You do not have to be related to the alleged victim. Rather, a domestic battery may occur between roommates.
Crimes of a violent nature such as Battery and Domestic Battery may not be expunged or sealed if you have been convicted or if you plead guilty to the arrest charges. This is an important consideration when planning your legal defense. The attorneys at the law firm of McPherson Harry & Associates, P.C. are very experienced in the area of expungement and sealing laws and will assist you in understanding the ways to clear your arrest record.
For quality legal help, contact our criminal defense attorneys for a free consultation. Call 630-472-9700.