Illinois Assault

The Law – 720 ILCS 5/12-1

A person commits assault when the person engages in conduct that places another in reasonable apprehension of receiving a battery.

Essentially, what is involved with the offense of assault is a person being so close in proximity to the victim, and making some movement or gesture to the victim, so that the victim is in a reasonable fear that he will be battered. The major element of the offense that the state must prove beyond a reasonable doubt is that the victim was in “reasonable” fear of receiving a battery. If the victim was particularly susceptible to yelling, or some other characteristic of the victim put him in fear – that will not suffice for the State to meet its burden of proof beyond a reasonable doubt. The law requires the State to prove that a “reasonable person” would have been in fear of receiving a battery. Of course, as always, every element of the offense must be proved beyond a reasonable doubt.

The Sentence

CLASS C MISDEMEANOR – 30 DAYS MAX
Plus 30-120 hours community service by statute.

Probation Possible? – Yes.

Supervision Possible? – Yes.

Time To Be Served – Must serve 50% of the sentence imposed

Success Story: We were retained to represent a client who was charged with assault by getting right next to the victim, screaming at him, yelling at him, and even threatening to punch him. We took the case to trial, and upon cross-examination, the complaining witness admitted that although our client had done exactly what was charged, our client had never lifted a hand, lifted a finger or made any kind of gesture, whatsoever, toward the victim. Based upon the cross-examination and our arguments, our client was found “not guilty” and the Judge dismissed case. The Judge found that the victim was not in reasonable apprehension of being battered because our client had done nothing but yell at him from a close distance.

When you need a criminal defense attorney, you should hire a lawyer who is experienced, aggressive, and will do the work it takes to get the best result for you. We leave no stone unturned in our effort to do the best job we can for a client, and get the best result possible. We are experienced, aggressive, knowledgeable, and detail-oriented criminal defense attorneys We represent clients in Orland Park, Tinley Park, Joliet, Lockport, Homer Glen, New Lenox, Oak Forest, Plainfield, Romeoville, and all other cities in the southwest suburbs of Chicago.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005