Articles Tagged with Chicago Assault Defense Attorney

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. 

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

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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