Facing a simple assault charge in Illinois can be a daunting and stressful experience. As an experienced criminal defense attorney with decades of experience, I understand the fear and uncertainty that come with these accusations. It’s crucial to have a clear understanding of the charges against you, the relevant laws, and the potential consequences. In this article, I will provide detailed information on how to defend against simple assault charges in Illinois, covering the statute, legal definitions, classifications, potential enhancements, penalties, and common defenses. My goal is to equip you with the knowledge you need to understand your situation and make informed decisions about your defense.
Understanding the Statute
In Illinois, simple assault is defined under Section 720 ILCS 5/12-1 of the Illinois Compiled Statutes. According to this statute, a person commits assault when, without lawful authority, they knowingly engage in conduct that places another person in reasonable apprehension of receiving a battery. Unlike battery, which involves actual physical contact, assault focuses on the threat or perceived threat of harm.