Assault is a serious charge that can have significant consequences on your life. It involves intentionally causing another person to fear imminent harm, even without physical contact. At Michael Kawi Law, we understand the complexities of assault cases and are here to help you navigate the legal system.
Whether you’re facing charges in Illinois or Wisconsin, our experienced team is dedicated to protecting your rights and providing the strong defense you need. We work closely with you to understand your situation and develop a personalized defense strategy. Trust us to stand by your side and fight for your future. Call today to get started with an experienced assault defense attorney.
What Constitutes Assault?
Assault is defined as an intentional act that creates a reasonable apprehension of imminent harmful or offensive contact with another person. Unlike battery, which involves physical contact, assault can occur without any actual touching. The key elements of assault include:
- An intentional, voluntary act by the defendant
- Reasonable apprehension of harm or offensive contact in the victim
- The victim’s awareness of the imminent threat.
For instance, raising a fist as if to strike someone or making threatening verbal statements can be considered assault if they cause the victim to fear immediate harm. Notably, words alone, without accompanying actions, typically do not constitute assault unless they are combined with a physical act that suggests an immediate threat. Ultimately, these distinctions can impact the nature of the charges and the defense strategy employed.
IL assault laws
In Illinois, assault laws are categorized into two main types: simple assault and aggravated assault.
- Simple assault is defined as an act that causes someone to reasonably fear imminent harm. It does not require physical contact or injury. Simple assault is typically classified as a Class C misdemeanor, carrying penalties that may include up to 30 days in jail, fines up to $1,500, and potential community service.
- Aggravated assault involves circumstances that elevate the severity of the crime. This can include the use of a deadly weapon, assaulting a protected individual such as a police officer or teacher, or committing the act in a public place like a school or park. Aggravated assault can be charged as a Class A misdemeanor or a felony, depending on the specifics of the case. Penalties for aggravated assault may include longer jail sentences, higher fines, and more severe legal consequences.
Understanding the nuances of these charges is essential for mounting an effective defense.
Assault in Wisconsin
In Wisconsin, assault is often encompassed under the broader category of “battery,” which involves causing bodily harm to another person. However, Wisconsin law also recognizes threats of harm, which can be prosecuted as assault.
- Simple assault, or “disorderly conduct” when it involves threats, is treated as a misdemeanor. Depending on the circumstances and severity, this charge can result in penalties such as fines, community service, and up to 90 days in jail.
- Aggravated assault in Wisconsin involves factors that heighten the seriousness of the offense. This can include the use of a weapon, intent to cause significant bodily harm, or targeting specific protected classes such as law enforcement officers or vulnerable individuals. Aggravated assault can be charged as a felony, with penalties ranging from extended prison sentences to substantial fines and probation.
Wisconsin also has specific statutes addressing domestic abuse and repeat offenders, which can lead to enhanced penalties and more severe consequences.
Common Defense Strategies
Several common defense strategies can be employed to challenge the prosecution’s case when facing assault charges. These strategies aim to undermine the credibility of the evidence or justify the actions taken.
- Self-defense–Demonstrating that the defendant acted to protect themselves from imminent harm.
- Lack of intent–Arguing that the accused did not intend to cause fear or harm, which is a crucial element of assault.
- Mistaken identity–Proving that the defendant was wrongly identified as the perpetrator of the assault.
At Michael Kawi Law, we leverage these and other strategies to build a strategic defense. Our experienced team carefully examines the details of each case, challenges the prosecution’s evidence, and advocates vigorously to achieve the best possible outcome.
Why Choose Us For Your Assault Defense?
Lead attorney Michael Kawi brings extensive experience and a deep understanding of assault laws to every case. Our team’s dedication to thorough case analysis and strategic defense planning ensures that we explore every possible avenue to protect our clients’ rights.
We understand the serious nature of assault charges and are committed to providing strong defense, whether in negotiations or court. We prioritize clear communication and a client-centered approach, keeping you informed and involved throughout the legal process.
Our firm has a proven track record of successfully handling assault charges, often achieving reduced charges or dismissals. We take each case personally, working tirelessly to secure the best possible outcome for you. With Michael Kawi Law, you have a dedicated advocate in your corner, ready to fight for your freedom.
Contact An Experienced Lake County Assault Attorney
Facing assault charges can be daunting. Don’t go it alone. Trust Michael Kawi Law to provide the experienced and aggressive defense you need. Contact us today for a consultation and take the first step toward protecting your rights and future.