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Wheaton assault defense attorneyWith regards to criminal law and criminal defense in particular, all crimes are serious, carrying with them significant penalties, but all crimes also have varying degrees of this substantiality. Concerning battery and assault specifically, and aggravated battery and aggravated assault especially, the differences are slight but certainly could result in much more serious and severe consequences depending on classification. Here is a summary of the major differences between assault, battery, aggravated assault, and aggravated battery to illustrate this point.

Assault: Defined

According to Illinois law, assault happens when someone without any legal authority knowingly engages in an action that places someone else in a circumstance more likely to lead to battery.

A simple assault would result in a Class C misdemeanor, which carries with it up to 30 days in jail and up to $1,500 worth of fines, in addition to potential other penalties.

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self-defense, Wheaton violent crimes defense attorneyThe use or threat of force can be a criminal offense in Illinois. Threatening someone with violence is assault while committing an act of violence against someone is battery. However, Illinois allows actions that would normally be assault or battery if you were acting in defense of yourself, another person, or your property. The difference between battery and self-defense can be murky and heavily depends on the context. Your belief that you were acting in self-defense may not be enough to prevent an assault or battery charge if your response was unreasonable or excessive.

Establishing Self-Defense

There are four key components to proving that your actions were in self-defense:

  • You must have reasonably believed that you were in imminent danger of harm.
  • The threat must be unlawful, such as someone assaulting or committing battery against you.
  • You must show that force was necessary in order to protect yourself.
  • The force you used must not exceed the threat against you.

These considerations allow you to protect yourself, others, or property against criminal actions without punishment but set strict parameters that may make your actions fall outside of self-defense.

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High-Profile Assault Case Becomes Hate CrimeA Chicago man was recently charged with a felony hate crime and misdemeanor assault and disorderly conduct stemming from his recorded confrontation with a woman wearing a shirt depicting the flag of Puerto Rico. Shot from the alleged victim’s perspective, the video showed the man approaching and berating her for her shirt, saying that she should wear a shirt with a U.S. flag if she is a U.S. citizen. The misdemeanor charges would be punishable by as many as 30 days in jail and a fine of as much as $1,500. The felony charge could result in two to five years in prison.

Assault Charge

The man never touched the woman, but prosecutors believed his actions qualified as assault. Illinois’ legal definition of assault is conduct that makes the victim reasonably believe that he or she may be at risk of bodily harm. The video shows the man to be:

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Illinois restraining order, Wheaton Criminal Defense LawyerRestraining orders are a protective measure intended to help prevent domestic violence and protect victims of it. However, false allegations of domestic violence or criminal activity can result in restraining orders as well as actual allegations of criminal activity, resulting in unfair punishment and long-lasting effects for those accused.

If you have been accused of domestic violence, the most important step is to seek legal counsel. Only by working with a qualified professional at the onset of the case is it certain that you will be able to present the best possible defense, especially in cases that involve allegations of domestic violence—some of the most notoriously difficult to absolve.

Perhaps one of the most surprising statistics about restraining orders is in that roughly half of all cases involving a court-ordered restraining order, there is no allegation whatsoever of physical violence. Restraining orders can be filed against a person who is accused of harassment that allegedly causes any time of emotional distress. This can include repeatedly calling someone on the telephone or creating a disturbance or a scene in a public place. It can also include the mere threat of violence—if a person is accused of threatening to commit physical abuse or harassment, he or she may be slapped with a restraining order.

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Posted by on in Sex Crimes

sexual assault in Illinois, DuPage County criminal law attorneySexual assault is not defined as just rape or forced sexual activity. There are several types of sex crimes that one can be accused of. Also, some people are all too aware that accusations of sexual assault can lead to serious legal consequences and even ruin someone's life. It is important to contact an experienced criminal defense attorney if you have been falsely charged with a sex crime.

Different Types of Sexual Assault

One form of sexual assault is acquaintance or date rape. This is sexual assault perpetrated between two people who know each other. They were perhaps out together with the understanding that their relationship had the potential to move in the direction of physical intimacy.

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