Articles Posted in Assault

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Assault and battery charges are serious criminal offenses in Illinois that can result in severe penalties, including jail time, fines, and a lasting criminal record. Understanding the nature of these charges and how to effectively respond can make a significant difference in the outcome of your case. If you’ve been charged with assault or battery, it’s crucial to act quickly and secure the help of an experienced criminal defense attorney.

Defining Assault and Battery in Illinois

In Illinois, assault and battery are separate offenses, each defined under the Illinois Criminal Code. While they are often confused, they involve distinct actions:

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As a seasoned criminal defense attorney in Chicago, I understand that facing federal assault charges can be a life-altering experience. Federal assault charges are serious offenses that can result in severe penalties, including lengthy prison sentences and hefty fines. One of the primary statutes governing federal assault charges is 18 U.S.C. § 113, which outlines various forms of assault and their corresponding penalties. In this comprehensive article, I will provide detailed information on federal assault charges under 18 U.S.C. § 113, including the relevant statutes, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

18 U.S.C. § 113 is the federal statute that addresses assault within the special maritime and territorial jurisdiction of the United States. This statute covers a range of assault offenses, each with its own set of definitions and penalties. The statute is designed to protect individuals from various forms of physical harm and to ensure that those who commit assault are held accountable for their actions.

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Facing a simple assault charge in Illinois can be a daunting and stressful experience. As an experienced criminal defense attorney with decades of experience, I understand the fear and uncertainty that come with these accusations. It’s crucial to have a clear understanding of the charges against you, the relevant laws, and the potential consequences. In this article, I will provide detailed information on how to defend against simple assault charges in Illinois, covering the statute, legal definitions, classifications, potential enhancements, penalties, and common defenses. My goal is to equip you with the knowledge you need to understand your situation and make informed decisions about your defense.

Understanding the Statute

In Illinois, simple assault is defined under Section 720 ILCS 5/12-1 of the Illinois Compiled Statutes. According to this statute, a person commits assault when, without lawful authority, they knowingly engage in conduct that places another person in reasonable apprehension of receiving a battery. Unlike battery, which involves actual physical contact, assault focuses on the threat or perceived threat of harm.

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Even though most people use the terms “assault” and “battery” interchangeably, the reality is that assault and battery are two different criminal offenses. In Illinois, for a person to be found guilty of assault, there does not need to be proof of physical contact of a provoking or harmful nature. On the other hand, there needs to be proof of physical contact of a harmful or provoking nature for someone to be convicted of battery. In Illinois, a person can be convicted of assault based on just words. Below is more about the crime of assault in Illinois.

The Criminal Offense of Assault in Illinois

According to 720 ILCS 5/12-1, an individual commits the offense of assault when, without legal authority, they knowingly engage in conduct that puts another in reasonable apprehension of receiving a battery. According to Illinois law, an individual does not have to cause actual harm to the victim for them to be charged with assault. 

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Being charged with the offense of assault in Illinois is a serious thing, especially because of how easy it is to be convicted of the crime. Thus, it is crucial that you take an assault charge seriously because the crime of assault carries serious potential penalties. If you are being charged with assault in Illinois, you need to retain a skilled criminal defense attorney. It is crucial that you hire an attorney who can work with you to develop a defense strategy that can help you fight your charges.

The defenses available in assault cases can vary widely depending on the specifics of a case. But the following are some of the most common defenses to assault charges in Illinois.

Self-Defense

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One officer is facing charges after several officers allegedly assaulted a 17-year-old boy during an arrest. Essentially, one officer was caught punching the boy repeatedly while the boy was on the ground, and the other officers were caught standing nearby and watching. While the officer who threw the punch is facing charges of aggravated assault and official misconduct, the officers who stood by and watched are not. Nor are they facing disciplinary action. 

It is not clear that the bystander police officers could be held responsible for a crime in this instance. Which then got me thinking, what happened to the other two officers in the George Floyd case? The answer: They went to prison. So, let’s analyze that case (which was filed under Wisconsin law), and maybe we can figure out if these officers could be charged with the same thing.

George Floyd Analysis

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Two victims and a coworker have positively identified a man that they say groped them without their consent while riding by on a motorized scooter. The man now faces multiple accounts of aggravated battery, aggravated criminal sexual abuse, and criminal sexual assault. An image of the man had been circulated since August 6. The man was linked to four separate groping incidents, three of which occurred on August 4. The man allegedly groped the buttocks or genitals of women on the street before fleeing the scene. In at least one case, a victim said that there was sexual penetration. The case broke when an image of the man was distributed to the public. A former coworker was the one to identify the suspect.

The suspect has since admitted to groping the women because they were all “wearing something hot.” 

Why Did He Think This Was Okay Behavior?

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A young woman was with three male friends when a fourth individual attempted to hit on her. The girl was not having it and eventually, the friends stepped in on her behalf. The man who was hitting on the girl was affronted by this and two of her friends wound up dead with a third suffering severe injuries in a knife attack. Now, the man is on trial facing two first-degree murders and a third attempted murder charge. The defendant is claiming self-defense. The prosecution has rejected an offer for a lesser charge.

Will self-defense work here?

It is hard to say. Both the prosecution and the defense are establishing their own timeline for events. Prosecutors will say that the defendant hit on a girl and that her friends warned the defendant off. The defendant then became irate and stabbed them after further disputes related to the unwanted attention emerged. The defendant claims that the friends organized an assault on him in which he was placed in a chokehold. This led to further altercations that eventually led to the stabbing.

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A 28-year-old man is facing charges of kidnapping, criminal sexual abuse, and criminal sexual assault after an attack on a spa worker. Police say that the woman was folding towels when the suspect entered the spa and forced her into another room. Video surveillance shows her being grabbed by the hair. A struggle ensued and eventually, the spa worker was able to escape. She called a friend from a nearby alleyway who eventually phoned the police.

Against the advice of his public defender, the suspect admitted to entering the spa but said the worker became upset with him when his credit card was declined after a massage. Video surveillance appears to show a man pulling the victim into a room by the hair. The same video shows the woman leaving the room to phone the police. 

Against the advice of his counsel, the defendant will take the position that he was targeted by the complainant because he could not pay for the massage. 

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Two 18-year-old men are facing charges of terrorizing two other men who had arranged dates on the popular Tinder App. Jahziah McDonald and Jeremiyah Mannie were denied bail after the prosecutors said that the attacks were organized. The men have been charged with aggravated kidnapping, aggravated vehicular hijacking, and aggravated robbery—all of which are felonies. The men did not have adult records. However, one faced juvenile charges related to auto theft. A third female teenager was used to lure the men to the attack. The teenaged girl will face juvenile charges. A fourth individual who attended the attacks was released uncharged. 

Hook-up Site Robberies Targeting Men

Men are not usually the target of hook-up site robberies. Generally, it is women who have to be more careful. However, anyone can be the victim of this sort of attack without regard to their gender. In this case, men hoping to hook up with a pretty girl were lured to a secluded place where the attack could be conducted. One man was forced to withdraw money from his account at an ATM. 

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