Assault

April 19, 2023

The Crime of Assault in Illinois

by Law Offices of David L. Freidberg, P.C.

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.

April 7, 2023

Defenses to Assault Charges in Illinois

by Law Offices of David L. Freidberg, P.C.

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

March 10, 2023

Officer Facing Charges After Punching 17-Year-Old Boy

by Law Offices of David L. Freidberg, P.C.

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

August 17, 2022

Serial Scooter Groper Charged with Sexual Assault

by Law Offices of David L. Freidberg, P.C.

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?

April 1, 2022

Trial of Man Accused of Stabbing Three, Killing Two Begins

by Law Offices of David L. Freidberg, P.C.

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.

October 22, 2021

Man Accused of Sexually Assaulting Spa Worker

by Law Offices of David L. Freidberg, P.C.

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.

March 26, 2021

Two Men, Girl Charged in Organized Dating App Robberies

by Law Offices of David L. Freidberg, P.C.

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.

October 28, 2020

Security Guard Stabbed 27 Times Over Mask Enforcement

by Law Offices of David L. Freidberg, P.C.

Two sisters stabbed a security guard 27 times after being asked to wear a mask and use hand sanitizer. The older sister, 21-year-old Jessica Hill, stabbed the 6’5”, 270-pound security guard, while her younger sister, 18-year-old Jayla Hill, held him by his hair. In denying bail, the judge noted that “the complete randomness of the attack” was terrifying.

What Happened?

This whole thing is a little weird, so let’s see if we can unpack it.

September 2, 2020

Powerful Chicago Attorney Charged With Sexual Assault

by Law Offices of David L. Freidberg, P.C.

The DA’s office is charging David Pasulka with sexual assault, aggravated criminal sexual abuse, and criminal sexual abuse charges related to allegations dating back to 2012. Pasulka, a prominent Cook County family law attorney, is being accused of acting too friendly with a female associate at his law firm and then raping her on the couch of his office. Another female associate leveled similar charges against Pasulka.

Pasulka’s case will involve two accusers discussing three separate incidents.

Examining the Charges

January 25, 2019

Aurora Woman Arrested for Aggravated Battery and Domestic Battery

by Law Offices of David L. Freidberg, P.C.

On January 16, 2019, an Aurora woman was arrested and charged with three counts of felony aggravated battery and three counts of misdemeanor domestic battery at Rush Copley Medical Center in Aurora. The charges were spurred by a video of the incident captured by a witness who in turn called 911. The woman is accused of dragging her five year old child by the hair and holding him down and pinching his neck, causing bruising, according to The Chicago Sun Times.

What are the Punishments for Aggravated Battery and Domestic Battery?

In Illinois, aggravated battery is a Class 3 felony and is punishable by a term of imprisonment of between two and a half to five years with a potential fine of up to $25,000. In certain cases, this sentence can be extended to up to 10 years if certain aggravating circumstances exist. A previous felony conviction within the last 10 years or if the battery is committed against a victim 12 years of age or younger are just two of the aggravating factors that can be considered. Domestic battery is considered a Class A misdemeanor (although it can also be charged as a felony in some cases) and can be punished with up to a year in jail and a fine of up to $2500. It is important to note that domestic battery is a misdemeanor that, upon conviction, even if you are sentenced only to court supervision, can not be expunged from your criminal record. This differs from many other misdemeanors and further exemplifies the seriousness of the charge.