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Lake County Assault Defense Lawyer
Defending Clients Charged with Assault and Aggravated Assault in Waukegan, Deerfield, and Northbrook
The crime of assault can involve nothing more than a threat of violence against another person, however whatever the act committed, it must place the accuser under reasonable apprehension of physical harm. Aggravated assault is a much more serious violent crime, but may not necessarily involve any actual violence. The same laws apply to aggravated assault, however the defendant must have yielded a deadly weapon during the assault or have been aware that the alleged victim was a law enforcement officer, corrections department employee, teacher, state or county employee or park district employee. Aggravated assault may also be charged if the alleged perpetrator wears a mask to hide his or her identity, if the victim is either handicapped or a senior citizen or if the act occurred on public property.
If you have been charged with assault or aggravated assault, your charges are serious and require a serious, skilled defense. Calling the The Law Offices of Matthew R. Gebhardt, P.C. can be the best decision you can make during this difficult time. It is understandable that you would be anxious and uncertain about your future after being charged with assault and Attorney Gebhardt will do his best to alleviate some of your fears. Attorney Gebhardt has over 20 years’ experience and is extremely familiar with the local criminal court system. As your advocate, our Northbrook criminal defense lawyer will help you make the hard decisions about your case, protecting your rights from start to finish.
How Our Attorney May Defend Against Your Charges
There are actually very few criminal offenses which can be charged with less evidence. This is due to the fact that a person may simply allege “fear” of harm based on a relatively mild act by the defendant. As an example, two neighbors could be in a heated argument over a fence line. One could put his finger on the other’s chest as a means of making his point, and later be charged with assault, even though no physical harm resulted. Most assault charges are in response to a disagreement which got out of hand.
If you have been charged with simple assault with no battery, your attorney may be able to argue there was no threat of violence or the injury was severely overstated. In other cases, your attorney may be able to have your charges dropped in exchange for your taking counseling or anger management classes. In more serious cases of assault or aggravated assault, your attorney may assert self-defense or defense of others on your behalf. If you have an alibi, your attorney can assert you could not have committed the crime because you were elsewhere at the time, or in certain cases the credibility of your accuser may be questioned.
Penalties Associated with Assault and Aggravated Assault
A simple assault charge is a Class C Misdemeanor, carrying a penalty of as much as thirty days in jail and a $1,500 fine. You could also be sentenced to 30-120 hours of community service if you are convicted of assault. An aggravated assault charge is a Class A Misdemeanor or a Class 4 Felony, depending on the circumstances surrounding the charges. A conviction for felony aggravated assault can bring penalties of one to three years in prison and a $25,000 fine. For more serious aggravated assault charges, such as those in which a weapon is used, or a certain type of person is targeted (those listed above), the prison sentence could be from three to thirty years.
Getting Help from an Experienced Criminal Lawyer
Attorney Matthew R. Gebhardt understands the importance of preserving the evidence in your case before it disappears. A thorough investigation is crucial, and may involve photographing the scene, interviewing witnesses and examining critical evidence. Assault cases can be very complex, however our Northbrook criminal defense lawyer will work hard to have your charges dismissed, or at least lowered to a lesser offense. For high-quality legal representation, contact Matthew R. Gebhardt for a free consultation.