Is Assault Always a Physical Act in Illinois?

 Posted on February 21, 2024 in Criminal Law

Assault in Illinois is not always a physical act. In legal terms, assault refers to an intentional act by one person that causes another person to fear they are about to become the victim of a battery. While assault is often associated with physical violence, it can also include threats of harm or other actions that create a reasonable fear of harm. If you are facing charges related to assault, it is strongly advised you retain the services of an experienced lawyer. Your attorney will weigh the evidence and facts of the case as they use their knowledge and experience to gauge the charges against you and develop an adequate legal defense.

The Law Regarding Assault 

According to Illinois law, assault is defined as an act that places someone else in reasonable fear that they are at risk of receiving a battery or physical harm. This means that a person can be charged with assault even if they do not actually make physical contact with the person. For example, if someone threatens to harm another person in a way that causes them to fear for their safety, that could be considered assault under Illinois law

It is important to note that assault and battery are two separate offenses in Illinois. While assault refers to the threat of harm, battery involves the actual physical contact that causes harm to another person. Both assault and battery are considered criminal offenses in Illinois and can result in serious and negative consequences for those convicted

What is Required to Prove Assault in Illinois? 

In order to prove assault in Illinois, the prosecution must show that the defendant intended to cause the victim to fear for their safety and that the victim’s fear was reasonable under the circumstances. This can be established through witness testimony, physical evidence, and other relevant information

It is also important to know that assault can be charged as a misdemeanor or a felony in Illinois, depending on the specific circumstances of the case. Aggravating factors, like the use of a weapon or the victim’s age or vulnerability, can result in more serious charges and harsher penalties

Contact Our Orland Park, IL Assault Defense Attorney

If you are facing assault charges, you must take proactive and meaningful steps toward pursuing a favorable case outcome for yourself. For stellar legal guidance, contact the skilled Orland Park, IL assault defense lawyer with Issa Law, LLC. Call 708-966-2408 for a private consultation