Facing aggravated assault charges in Illinois is stressful. However, rest assured knowing there are potential legal defenses available to mitigate or beat those criminal charges. As experienced Chicago domestic violence defense attorneys, we understand that every case is unique, and each requires a careful examination of the facts and circumstances. Illinois statute 720 ILCS 5/12-2 defines aggravated assault as an act of threatening or causing harm to another person with the use of a weapon in a public space or against a specific category of individuals like police officers, teachers, or elderly people. There are defenses we can explore to challenge the accusations or reduce the severity of the consequences.
Self Defense Or Defense Of Others
One of the most common defenses is self-defense or defense of others. If we can show that you acted out of a reasonable belief that you or someone else was in imminent danger, this can serve as a powerful defense. Illinois law recognizes the right to protect oneself under 720 ILCS 5/7-1. We would need to establish that your actions were proportional to the threat you faced and that you didn’t provoke the altercation. For example, if someone threatened you with physical harm, and you used force to protect yourself, this could be a legitimate defense.
Lack Of Intent
Another potential defense is lack of intent. Aggravated assault requires that the accused had the intention to cause harm or create fear of harm in another person. If we can demonstrate that there was no intention or that the act was an accident, this defense could be effective. For instance, if someone was injured during an unexpected movement or action without any intent to threaten or harm, we may argue that this does not meet the criteria for aggravated assault.
Mistaken Identity
Mistaken identity is another defense that can be crucial in cases where the incident occurred in a chaotic environment or involved multiple parties. We have handled cases where the accused was wrongly identified as the perpetrator. By gathering witness testimonies, surveillance footage, or other evidence, we aim to demonstrate that our client was not the individual responsible for the alleged assault.
Unlawful Arrest
We also examine the possibility of unlawful arrest or police misconduct. If law enforcement violated your rights during the arrest process or failed to follow proper procedures, it might be possible to challenge the validity of the charges. For example, if there was an unlawful search or seizure or if evidence was obtained in violation of your constitutional rights, this could lead to the exclusion of that evidence under Illinois law.
Lack Of Sufficient Evidence
Lastly, lack of sufficient evidence is always a consideration. The prosecution must prove every element of aggravated assault beyond a reasonable doubt. We carefully scrutinize the evidence presented, looking for inconsistencies or weaknesses that can be used to challenge the prosecution’s case. If they cannot meet this high burden of proof, the charges may be dismissed or reduced.
Illinois Aggravated Assault FAQs
What Is The Difference Between Assault And Aggravated Assault In Illinois?
Assault in Illinois, defined under 720 ILCS 5/12-1, involves causing someone to fear imminent harm, while aggravated assault (720 ILCS 5/12-2) involves more serious factors like using a weapon, causing injury in a public place, or assaulting specific categories of individuals like police officers, teachers, or elderly persons. Aggravated assault carries more severe penalties.
Can Self-Defense Be Used As A Defense For Aggravated Assault Charges?
Yes, self-defense can be a valid defense if we can demonstrate that you had a reasonable belief that you or someone else was in imminent danger and that your actions were necessary to protect against that danger. Illinois law under 720 ILCS 5/7-1 allows for self-defense, but it’s essential to prove that the force used was proportional to the threat.
What Are The Potential Penalties For Aggravated Assault In Illinois?
Penalties for aggravated assault can vary based on the circumstances and the specific charge. Generally, it’s considered a Class A misdemeanor, but it can be elevated to a Class 4 felony or higher, especially if it involves a firearm or if the victim belongs to a protected category. Penalties may include imprisonment, fines, and a criminal record that can impact future opportunities.
Can Aggravated Assault Charges Be Expunged From My Record In Illinois?
Generally, felony aggravated assault convictions cannot be expunged from your record in Illinois. However, some misdemeanor offenses might be eligible for expungement under certain conditions. It’s important to consult with an experienced attorney to explore your options regarding record clearing.
How Important Is Eyewitness Testimony In Aggravated Assault Cases?
Eyewitness testimony can be crucial in these cases, but it’s not always reliable. We often find inconsistencies or inaccuracies in witness statements, especially in situations where emotions run high. As part of our defense strategy, we carefully examine eyewitness testimonies and cross-examine witnesses to identify discrepancies that may help your case.
Contact Our Aggravated Assault Lawyer In Chicago To Receive Your Free Consultation
If you’re facing aggravated assault charges in Illinois, don’t face them alone. Edward Johnson & Associates has the experience and dedication to protect your rights and fight for the best possible outcome. We understand the complexities of Illinois assault laws and are committed to providing the personalized legal representation you deserve. Contact our aggravated assault lawyer in Chicago at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation.. Our law office, located in Chicago, serves clients throughout the entire Chicagoland metro area.