Under Illinois law, simple assault is categorized as a Class C misdemeanor. Punishment for this type of crime may include up to 30 days of jail time and a fine of up to $1,500.00 or both a fine and jail time. Additionally, anyone convicted of assault in Illinois will be subject to a minimum of 30 hours of court-ordered community service, up to a maximum of 120 hours. Probation may be imposed for up to two years and restitution may be required.
Conversely, the offense of aggravated assault can be a misdemeanor or a felony, depending upon which of the enumerated enhancing condition applies to the specific facts of the particular case. Punishment varies, depending on whether or not the accused has a prior criminal record. Generally, penalties for a conviction may include:
The prosecution bears the burden of proving the accused knowingly committed the act of assault or aggravated assault for a successful conviction. For these reasons, there are several defenses available to someone accused of assault or aggravated assault. These include defense of property, self-defense or defense of another person, and lack of reasonable apprehension about the impending battery.
Assault cases can be extremely complicated, as the facts of each case are as unique as the individuals involved. For these reasons, if you or someone you know has been charged with assault contact an experienced Chicago assault defense attorney right away. Contact the law office of Steven Goldman today at (773) 484-3131 for your free initial consultation.