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Edwardsville Aggravated Battery and Assault Lawyer

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Edwardsville Aggravated Battery and Assault Attorney

Charges of aggravated assault and battery require immediate legal representation from an attorney who will protect your rights and pursue the best possible outcome. Consequences can last a lifetime with a criminal record that cannot be expunged. Those convicted face challenges involving future relationships, employment and other aspects of their lives.

What Is Aggravated Assault?

Aggravated assault involves any action that puts a victim in imminent fear of bodily harm. Battery is defined as actually causing serious bodily harm. This can happen in a wide range of settings, including bar fights and in domestic situations. The severity of the crime depends on how serious an injury the alleged victim has suffered.
To speak to a lawyer about your aggravated assault charge, send an email now or call 618-692-4900 .

Understanding Assault Charges In Illinois

In Illinois, assault is defined as conduct that places another person in reasonable fear of receiving a battery. Unlike many other states, Illinois separates assault (the threat) from battery (the physical contact). You can be charged with assault even if you never physically touch the victim. Common examples include raising a fist, attempting to hit someone but missing or making verbal threats while acting in a threatening manner.

Types Of Aggravated Assault In Illinois

Assault charges can be elevated to aggravated assault based on several factors. Understanding these distinctions is crucial when facing such charges.

Location-Based Aggravated Assault

The location where an assault occurs can elevate charges. Illinois law treats assaults more severely when they occur in specific places that should be safe for all citizens. These locations include public property, public ways, places of accommodation or amusement, sports venues and places of worship.

Victim-Based Aggravated Assault

When assault targets certain individuals, particularly those serving the public, charges become more serious. Protected categories include police officers, firefighters, paramedics, teachers, school employees, persons with disabilities, persons 60 years of age or older, transit employees, sports officials, government employees and security officers.

Weapon-Based Aggravated Assault

The use of weapons during an assault significantly increases the seriousness of charges. Methods that elevate charges include displaying or using a firearm, using other deadly weapons, operating a vehicle in a threatening manner, using a laser sight on a firearm, wearing a mask to conceal identity and recording the offense with intent to share it.

Illinois Assault Penalties And Classifications

The penalties for assault in Illinois vary based on the classification of the offense and the specific circumstances involved.

Class C Misdemeanor (Simple Assault)

Simple assault with no aggravating factors is a Class C misdemeanor in Illinois. Potential penalties include up to 30 days in jail, fines up to $1,500 and 30 to 120 hours of community service if no jail time is imposed.

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Class A Misdemeanor Aggravated Assault

Most aggravated assault charges based on location, certain victim categories or use of a weapon (other than discharging a firearm) are Class A misdemeanors. These charges can result in up to one year in jail, fines up to $2,500 and potential probation.

Class 4 Felony Aggravated Assault

More serious aggravated assault charges receive Class 4 felony classification, particularly those involving firearms, laser sights or assaults against protected employees like police officers. Penalties include one to three years in prison, fines up to $25,000 and a mandatory supervised release period after imprisonment. A felony conviction severely restricts future rights and opportunities.

Class 3 Felony Aggravated Assault

The most severe assault charges are Class 3 felonies, involving actions such as discharging firearms from vehicles or using vehicles to threaten specific categories of workers. These offenses are punishable by two to five years in prison, fines up to $25,000 and extended supervised release periods. This level of conviction has profound, lifelong consequences.

Defenses To Assault Charges

Several legal defenses may be available if you are facing assault charges in Illinois. Potential defenses include self-defense or defense of others, lack of intent to cause fear, inability to carry out the threat, consent in certain contexts, constitutional violations during arrest, mistaken identity and mental health considerations.

Working with a knowledgeable defense attorney helps identify the most promising approaches for your specific situation and can make a significant difference in the outcome of your case.

Receive The Personalized Attention Your Case Deserves

Jessica Koester is a skilled trial attorney and savvy negotiator who does not shy away from trial. Her goal is to minimize the consequences you face by working with prosecutors or to have charges dropped.

The founder of The Law Office of Jessica Koester, LLC , provides personalized representation. She spends time with you to understand the events that occurred and the specifics of your case. Many battery and assault cases involve our clients defending themselves or someone else. Getting to the facts allows Ms. Koester to provide sound advice and strong legal advocacy.

Diligent And Dedicated Legal Representation

To schedule a free initial consultation, call 618-692-4900 or toll-free at 618-692-4900. If you prefer to send an email, fill out the secure online submission form. Phone calls are returned the same day, even outside of regular business hours. The Law Office of Jessica Koester, LLC , is conveniently located within walking distance of the Edwardsville, Illinois, courthouse. Evening and weekend appointments are available on request.

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