Aggravated Assault Lawyer Peoria
At Schierer & Ritchie, LLC, we defend clients facing aggravated assault charges throughout Peoria and central Illinois.
When you’re facing aggravated assault charges in Illinois, the consequences can be severe. A conviction could mean years in prison, hefty fines, and a permanent criminal record that impacts your future.
At Schierer & Ritchie, LLC, we understand the nuances of Illinois assault laws and how to build a strong defense strategy tailored to your case’s unique circumstances. Call today for a free consultation.
Definition and Legal Context
Aggravated assault is generally defined as an intentional act that creates an apprehension of imminent harmful or offensive contact with another person, combined with aggravating factors that increase the severity of the crime. While simple assault is typically classified as a misdemeanor, aggravated assault is usually charged as a felony due to its more severe nature. The specific charges and penalties depend on factors like the alleged use of a weapon, the identity of the victim, and the defendant’s criminal history.
Elements of Aggravated Assault
To constitute aggravated assault, several elements must typically be present:
- Intent: The perpetrator must have acted to cause fear of bodily harm or inflict harm.
- Threat or attempt: There must be a credible threat or attempt to inflict bodily harm.
- Ability: The perpetrator must have had the apparent ability to carry out the threat.
- Victim’s fear: The victim must have reasonably feared imminent bodily harm.
- Aggravating factors: Specific circumstances that elevate the offense from simple assault to aggravated assault.
Aggravating Factors
Various factors can turn a simple assault into an aggravated assault. These may include:
- Use of a deadly weapon: Employing firearms, knives, or other objects capable of causing severe injury or death.
- Intent to commit a severe crime: Assault committed while intending to carry out another felony.
- Status of the victim: Assaults against protected individuals such as police officers, teachers, or healthcare workers.
- Severity of injuries: Causing serious bodily harm or disfigurement.
- Domestic violence: Assault against a spouse, partner, or family member.
- Hate crimes: Assaults motivated by bias against race, religion, sexual orientation, etc.
- Age or vulnerability of the victim: Assaults against children, elderly, or disabled individuals.
Legal Consequences
Aggravated assault is typically charged as a felony, carrying severe penalties that may include:
- Lengthy prison sentences: Depending on jurisdiction and circumstances, sentences can range from 1 to 20 years or more.
- Substantial fines: Often ranging from thousands to tens of thousands of dollars.
- Probation: Extended periods of supervision following incarceration.
- Mandatory counseling or anger management programs.
- Restitution to the victim.
- Loss of certain rights: for example, owning firearms or voting (in some jurisdictions).
- Permanent criminal record: affecting future employment and housing opportunities.
Defending Against Aggravated Assault Charges
At Schierer & Ritchie, LLC, our experienced criminal defense attorneys understand the complexities of aggravated assault cases and know how to build strong defense strategies. Some potential defenses we may explore include:
- Self-defense or defense of others: If you reasonably believed you or someone else was in imminent danger, your actions may be justified.
- Lack of intent: Aggravated assault requires intent to cause fear of bodily harm. We may argue that your actions were accidental or misinterpreted.
- Mistaken identity: In some cases, we may be able to show that you were not the person who committed the alleged assault.
- Insufficient evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. We’ll scrutinize the evidence and challenge any weaknesses in the state’s case.
- Constitutional violations: If law enforcement violated your rights during the arrest or investigation, we may be able to get certain evidence suppressed.
Contact Us Today
Our goal is always to get charges reduced or dismissed when possible. We’ll negotiate aggressively if a plea bargain is in your best interest. And if your case goes to trial, you can count on our skilled litigators to present a compelling defense to the jury.
Don’t face aggravated assault charges alone. Contact Schierer & Ritchie, LLC today for a free consultation to discuss your case and learn how we can help protect your future.