According to Illinois criminal law, an assault is the threat of physical harm that puts a person in fear of harm or injury. An assault occurs when a person threatens to do harm to another, whether or not that threat is carried out. You do not have to make contact with the victim in order for it to be assault. There are various avenues open for your attorney to pursue in defending your case. For example if a threat is made but is not carried out, and there is no battery, then it can be shown that the threat of violence was overstated. If the victim's fear of being injured is exaggerated or unreal, then the case should be dismissed. A Chicago violent crime defense lawyer can help.
Another avenue of defense may involve getting the charges dropped, in exchange for anger management. The assault charge, a class C misdemeanor, can carry jail time, a fine, and community service, so it is very important to contact competent legal advice as soon as possible. If you are charged with assault, contact the law firm of the Law Offices of Michael P. Schmiege to find out what your legal rights are and how your case should best be handled.
Aggravated assault occurs if you use, threaten to use or brandish a weapon, or if the assault is on a specific type of person, such a public service employee, elderly or handicapped person. There are two levels of aggravated assault, misdemeanor or felony, depending on the seriousness and severity of the incident. Misdemeanor aggravated assault has a penalty of up to 1 year in jail, and a fine of up to $2500. Discharge of a weapon during the commission of the crime makes it a felony. In felony aggravated assault, the crime can carry a penalty from 1 to 3 years in prison and a fine of $25,000.
After the charges and arrest have been made, make sure that you have contacted the firm so that you do not say something that could jeopardize your case in any police interview. The attorneys at the Law Offices of Michael P. Schmiege understand the impact that these serious charges can have on one's life. They will explain the options and handle the investigation of the case so that your case may have the best possibility of a positive outcome.
Contact a Chicago assault defense attorney from the Law Offices of Michael P. Schmiege at once if you are charged with assault or aggravated assault. Serving Chicago, Cicero, Berwyn and Evanston.
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