Bloomington Assault Attorney
When You Have Been Arrested and Charged with Assault, Call A Bloomington Assault Attorney from Pioletti Pioletti & Nichols
Illinois law defines assault as intentional conduct that reasonably causes a person to feel afraid of impending violence. Under those terms, an individual can be found guilty of committing assault without touching or harming another person.
Words alone do not constitute an assault, but threats accompanied by conduct consistent with those threats can be treated as an assault if the words and conduct cause the victim to reasonably believe that he or she is about to be hit or injured.
Assault Charges in Bloomington, Illinois
Assault charges are nothing to shrug off, nor are they something to assume they will go away, or rather, not affect your life. Assault charges are very serious and carry harsh penalties that vary from large fines to jail time and a permanent criminal record. If you’ve been accused of assault, it is imperative to consider calling a Bloomington assault attorney for advice on how to proceed.
Your Job Could Be Affected
Any conviction is not good; however, when you have a conviction for assault, you would likely not want to point it out to an employer. However, if you plead, or are otherwise found guilty of assault, you will legally be obligated to inform anyone who has the right to ask about your criminal record. In the event you are not truthful, and your employer finds out through a background check, you could lose your job. As one of the leading Bloomington assault attorneys, we bring years of experience to people in need of strong legal advocacy after a drunk driving charge.
Understanding Assault and Battery
Assault and battery charges are similar, but not the same. Assault involves a person who threatens or causes fear of bodily harm to another person. In the event harm is inflicted, it is battery. In general, these charges are often committed together which is why many people are charged with assault and battery. Both charges are typically misdemeanors in Illinois unless there were aggravated circumstances, such as the use of a deadly weapon, or inflicting serious harm that result in life threatening injuries. Cases we have handled include:
- Simple battery
- Aggravated assault
- Aggravated battery of a law enforcement officer
- Assault and/or battery in a public place
- Aggravated assault or battery with a weapon
- Domestic violence
Types Of Assault
There are two types of assault: simple assault and aggravated assault. Simple assault is a Class C misdemeanor, and does not involve a weapon or an additional crime, such as robbery. A simple assault conviction can lead to up to 30 days in jail and a fine of up to $1,500. Aggravated assault, a Class A misdemeanor, is more serious. A typical aggravated assault occurs when an individual threatens another person with a deadly weapon, but can also include assaulting a state worker or teacher on state grounds, assaulting a physically handicapped person, or assaulting an individual over the age of 60. More serious aggravated assaults, such as an assault that involves the discharge of a firearm, can be charged as a Class 4 felony, which can result in up to 3 years in prison and a $25,000 fine.
Illinois Assault Defenses
Assault and battery charges can be very broad. Furthermore, as a Bloomington assault attorney might explain to you, there are various defenses that can be used. For instance, if you were defending yourself or another person, you may not be guilty. Many assault charges are the result of someone who misunderstands the situation, or is emotionally charged. Likewise, a number of battery charges are the result of fights. It is not uncommon for police to accept the version of events told by the victim and their friends without investigating the situation in further detail.
A knowledgeable attorney can sift through the facts and details of your case in order to achieve a positive result in court. One way to attack an assault charge is to prove that the alleged victim’s fear of impending violence was unreasonable. Another way to fight an assault charge is to show that the individual was acting in self-defense. An attorney with an understanding of the ins and outs of the local court system can find the best route to take throughout your proceedings. At Pioletti Pioletti & Nichols, we offer free initial consultations in order to hear your side of the story and develop a strong defense.
Talk with Pioletti Pioletti & Nichols About Your Assault or Battery Charges
By choosing a Bloomington assault attorney from our firm, you can feel confident in knowing we will review all the available evidence and interview any witnesses to better understand what happened. We will be ready to defend you in court and prepare your case for trial if need be. If you would like to learn more about our services or how we may be able to help you, please call a Bloomington assault attorney from Pioletti Pioletti & Nichols.
CALL PIOLETTI & PIOLETTI IF YOU NEED AN ASSAULT DEFENSE ATTORNEY BLOOMINGTON IL CAN TRUST.
Bloomington Assault Attorney FAQs
Assault cases are serious legal matters that often give rise to numerous questions from those involved when working with a Bloomington, IL assault attorney to represent a case. Understanding the most commonly asked questions about assault cases can help provide clarity and guidance for individuals seeking information and support. Here are the answers to five frequently asked questions about assault cases; review them then contact Pioletti Pioletti & Nichols for help:
What should I do if I am a victim of assault?
If you are a victim of assault, your safety and well-being should be your top priority. Seek immediate medical attention if necessary and report the assault to the police as soon as possible; remember, medical attention is the most important to protect your wellbeing. Preserve any evidence by taking photographs of injuries, documenting the incident, and collecting any relevant physical evidence. It is essential to consult with a lawyer specializing in assault cases, as they can guide you through the legal process, help you understand your rights, and provide support and advocacy on your behalf.
How do I prove assault in a legal case?
To prove assault in a legal case, you generally need to establish several key elements. Firstly, you must demonstrate that the accused intentionally and unlawfully threatened or caused physical harm to you. This can be done through witness testimonies, medical records, photographs, or any other evidence that substantiates your claim. Additionally, it is crucial to establish that you did not consent to the actions that led to the assault. An experienced Bloomington assault attorney will help gather evidence, interview witnesses, and build a strong case to prove the assault in court.
What are the potential consequences for the perpetrator of an assault?
The consequences for the perpetrator of an assault vary depending on the jurisdiction and the severity of the offense. Assault charges can result in criminal penalties, including fines, probation, mandatory counseling, community service, and in some cases, imprisonment. The exact consequences will depend on factors such as the extent of the injuries inflicted, any prior criminal record, and the specific laws in place. A lawyer will provide guidance on the potential legal outcomes and help you understand the options available to seek justice and hold the perpetrator accountable. They will also provide resources on how to continue to protect your safety throughout a case.
Can I file a civil lawsuit for assault?
Yes, you may have the option to file a civil lawsuit for assault in addition to criminal charges. While a criminal case is initiated by the state to punish the offender, a civil lawsuit allows you to seek compensation for the physical, emotional, and financial damages resulting from the assault. A civil lawsuit can be pursued separately from the criminal case and requires proving the assault and the resulting harm by a preponderance of the evidence. Consulting with a lawyer experienced in personal injury and assault cases can help you determine the viability of a civil lawsuit and navigate the legal process.
How long do I have to file a claim for assault?
The timeframe for filing a claim for assault, known as the statute of limitations, varies depending on the jurisdiction and the specific laws in place. It is crucial to consult with a lawyer promptly after the assault to understand the applicable statute of limitations in your jurisdiction. Waiting too long to take legal action can result in the forfeiture of your right to seek legal remedies. A lawyer will guide you on the timeline for filing a claim and ensure that all necessary legal deadlines are met.
Assault cases raise several important questions that individuals need answers to when navigating the legal process. By understanding the commonly asked questions about assault cases and seeking the guidance of a knowledgeable lawyer, victims can obtain the necessary support, protect their rights, and pursue justice against the perpetrators. Consulting with a lawyer specializing in assault cases is crucial to receive personalized advice and effective representation tailored to your specific circumstances. Contact a Bloomington assault attorney at Pioletti Pioletti & Nichols today for help.