Naperville Assault Attorneys

Lawyers for Misdemeanor Assaults in DuPage County

The legal term "assault" may not mean what you thought it did. In normal speech, people tend to use the word "assault" to refer to the act of making violent physical contact with another person. Most people would describe a punch or a shove as an assault. However, the legal term "battery" is used to describe the offense of making physical contact with a victim in a manner that is harmful or offensive. The term "assault" in Illinois describes not the physical contact itself, but rather, causing the victim to reasonably apprehend an imminent battery. Thus, it is entirely possible to be charged with the crime of assault even if you never touched the alleged victim. It is also common for people to be charged with both assault and battery stemming from the same incident.

Appelman Law LLC is experienced in defending individuals who have been accused of assault, domestic battery, or other assaultive offenses. Our attorneys understand the impact this type of prosecution can have on your life. While simple (misdemeanor) assault is not legally considered a violent crime, the general population may not see it that way. You could face serious collateral consequences, such as losing your job, even before you have had the chance to defend yourself in court. We consider the best interests of each individual client and strive to bring about the best possible outcome based on your individual needs.

Understanding Assault Laws in Illinois

In most cases, assault is a misdemeanor offense carrying less than one year of jail time. It is important to have skilled legal representation. The legal definition of assault can be complex. Police officers may or may not entirely understand what is and is not legally an assault.

Generally, assault means causing the victim to reasonably believe that you are about to make physical contact with them in a way that would be injurious or provocative and offensive. Swinging your fist at someone's face and stopping an inch away is likely to be considered an assault. Walking towards someone in an aggressive fashion with your hands raised may or may not be an assault depending on a number of factors.

Defenses to Assault

You may have a strong legal defense, such as:

• Self-defense - If you were defending yourself, you likely did not commit an offense. The same is true if you were defending another person.
• Attacking reasonable apprehension - In some cases, circumstances suggest that the alleged victim should not have been in any fear that they were going to be battered.
• Conditional threats - Statements in the form of, "If you do X, then I will batter you," are generally not treated as true threats, let alone assaults.

These are only a few of many possible defenses. We will comb through the facts of your case in order to identify your best possible defense.

What is Aggravated Assault?

Aggravated assault is a felony. This charge applies when an assault involves certain aggravating factors, such as the use of a deadly weapon. An assault may also be classified as aggravated based on the status of the victim. For example, any assault against a person with physical disabilities or a senior citizen may be automatically treated as a felony. If you are facing this serious criminal charge, finding excellent legal representation is crucial.

Contact a Naperville Assault Attorney

Appelman Law LLC has many years of experience defending people who are charged with assault and related offenses. Our skilled criminal defense attorneys will do all we can to protect your rights and keep you free. Contact us at 630-717-7801 for a complimentary consultation.