Assault and Battery Attorneys in Addison, IL

Criminal Defense Lawyers Serving DuPage, Cook, and All Surrounding Counties

Any disagreement between two or more people has the potential to become violent, especially if the dispute is a highly-emotional domestic disturbance or whenever alcohol is involved. So, assault and battery are among the more common charges in Cook County criminal courts. The punishment involved largely depends on the surrounding circumstances and the amount of force involved; the penalty may be anywhere from a few days in jail to years in prison. Regardless of the specific offense charged, the best defense is always to stand up for the defendants individual rights and force the state to prove its case.

The aggressive attorneys at Stringini & Garvey, P.C. are a strong voice for you in the courtroom. They relentlessly attack the states case with well-prepared and compelling arguments, because if just one juror has a reasonable doubt about the case, a conviction is impossible. This assertive posture continues in expungement proceedings and other post-conviction environments.

Assault

Simple assault, which is basically a threat of force by a person who has the apparent ability to carry out such a threat, is a Class C misdemeanor with a maximum six months in jail and $500 fine. But charges are nearly always upgraded to aggravated assault because the offense occurred:

• While using a weapon (which includes a motor vehicle) or a device that looks like a weapon (such as a toy gun),
• In a public place, or
  
• Against a special victim, such as a public employee or person over 60.

Aggravated assault is typically a Class A misdemeanor (one year in jail and $2,500 fine), but it can also be charged as a felony in many circumstances.

Battery

Simple battery, which is an offensive touching, is a Class A misdemeanor. While there need not be a physical injury to bring a case, such cases are more difficult for the state to prove. The charge will be upgraded to aggravated battery if the:

• Alleged victim suffered serious bodily injury,
• Incident occurred in a public place, or
• Alleged victim belonged to a protective class due to age, medical disability, nature of employment, or another factor.

Aggravated battery is a felony.

Possible Defenses

Self-defense, defense of others, or defense of property often applies in these cases. Essentially, the defendant must prove that the amount of force used was reasonable under the circumstances, from the defendants point of view. Other times, consent may be a defense. For example, two people may get into an argument after they compete in an athletic match.

Similar to theft cases, assault and battery matters usually require a civilian witness. Often, especially after a few months pass, these witnesses are either difficult to locate or unwilling to come forward.

Many inmates in the jail and prison systems were convicted of assault or battery. For an aggressive defense in these cases, contact Stringini & Garvey, P.C. at 630-834-9595. Convenient payment plans are available, and there are no hidden fees.