Gurnee Assault Lawyer

Protecting Your Rights For Assault Charges

Violent crimes are taken extremely seriously in both Wisconsin and Illinois. While some types of crimes, like low-level theft or drug possession, are somewhat easily forgiven and may carry lighter, more rehabilitative sentencing, the same cannot be said for any offense involving violence. Assault can carry misdemeanor or felony charges, depending on a number of factors, such as whether a weapon was involved. The difficulty with assault charges is that surprisingly, you need not have made any type of physical contact with the alleged victim in order to be convicted of assault. This can make this type of case difficult to defend.

Brady Cole Trial Lawyers is highly experienced in working with assault cases. Our skilled attorneys understand the complexities of the laws surrounding assault and the situations that often lead to these charges. We will do everything we can to put forward your best defense.

Understanding Assault vs. Battery

Many people who are not in the legal field think of "assault" and "battery" as being synonymous. However, this is not quite the case. While battery requires actual physical contact with the victim, assault does not. Generally, assault refers to the act of causing someone to anticipate that they are going to be battered. In many cases, people are charged with both assault and battery.

Illustrative examples include:

• Pointing a firearm at someone but not firing it is likely an assault if the victim believed you were going to fire, but it would not be considered battery. This example would likely be charged as a felony due to the use of a weapon.
• Raising your fist and drawing your arm back as if about to throw a punch at someone but then walking away without hitting them is a likely example of a misdemeanor assault.
• Sneaking up behind someone and hitting them in the back of the head would almost certainly be considered battery, but it would not be an assault, as the victim did not anticipate being struck.
• Charging up to someone in a menacing fashion with your fists raised and then punching them would likely be both assault and battery, as the victim apprehended the battery and was then actually battered.

As you can see, it is quite easy to find yourself in a situation where you may be charged with assault, even if you did not actually commit an act of violence.

Assault and Weapons Crimes

Many assaults involve a weapon. Unfortunately, if you are accused of using a weapon to assault someone, you may be facing a weapons offense in addition to a felony assault charge. A relatively wide variety of objects can be considered a weapon for prosecution purposes, including guns, knives, clubs, or brass knuckles.

Assault with a deadly weapon is a serious offense that could result in a long prison term. In these situations, it is critical that you work with an experienced attorney to begin establishing a strong defense.

Family Violence and Assault

Assaults often take place between people who know each other. It is very easy for an argument between current or former romantic partners, roommates, family members, or co-parents to escalate to an assault. In both Illinois and Wisconsin, offenses of violence involving people with some form of domestic relationship are taken seriously, and they are often treated as a form of domestic violence.

If the alleged victim has one of the aforementioned relationships to you, you may be at risk of harsher sentencing after being convicted of domestic battery. It is critical that you take the situation very seriously and work closely with a criminal defense attorney.

Contact a Lake County Assault Lawyer

If you are facing assault charges, Brady Cole Trial Lawyers has the experience needed to raise the best possible defense in your favor. Our skilled attorneys will do everything we can to minimize the impact of your arrest, whether that means using plea bargaining to reduce felony charges or fighting for an acquittal at trial. Contact us at 847-752-9639 for a free consultation.