ASSAULT

When and if you are charged with assault in Chicago or surrounding areas, it may seem like you did nothing illegal. Assault differs from battery since an assault charge does not imply or require that any physical contact happened between the defendant and the victim. An assault charge implies merely that the defendant intentionally acted in such a way as to place the victim in reasonably fearful of battery. While one example might be a missed punch, even actions implying less force with less of a sense of threat may be considered assault.

Even if you had no physical contact with the alleged victim, assault may be alleged and charged since you possibly made the victim apprehensive of being battered. Sometimes an assault charge can be brought up as a misdemeanor with a punishment of 30 days in jail and a $1,500 fine upon conviction.

Other factors in the severity of charges brought include the status of the victim and if you allegedly used a weapon while committing the assault. An assault done against people in such roles as a teacher, a police officer, or a senior citizen will usually be brought as a felony charge. If a weapon was used, even against someone who is just a fellow citizen and not a senior or child or relative, that use of a weapon can result in a felony charge of aggravated assault rather than just a simple assault. Trying to conceal your identity by wearing a mask, hood, or disguise is also an aggravating factor. 

How we can defend you against an assault charge, whether simple or aggravated

•  We must honestly know the evidence against you, the facts of the case, and what we can do to file “motions to suppress” or exclude evidence. It can be their word against yours, and we can create a reasonable doubt from that if we need to go to trial. We can often file such motions to show evidence was improperly obtained or to impugn witnesses so it does not even go to trial and we can negotiate, maybe to the point of establishing your innocence. 
•  If it does go to trial, we may have the basis for creating a reasonable doubt of your supposed guilt to jurors because of questionable evidence or witnesses.
•  If we must deal with witnesses the prosecution call to support their case, we can impugn or exclude their testimony. People and witnesses often lie or exaggerate about an alleged assault for advantage in other cases like divorce or civil suits, and we know this as well as you do. 
•  We may also beat the charge by showing you were defending yourself or your property. 
•  We may be able to show their fear of battery was not that of a reasonable person, and so threaten to go to trial where all kinds of things may come out that the accuser may not enjoy or anticipate. There must be a reasonable apprehension of an imminent battery as an element the prosecution must prove. For example, if you threatened to beat them up at some point in the future, that would not count as immediate. They may blink and balk when push comes to shove. It can come down to how far the prosecutor wants to take it before negotiating.
•  We can go to trial and try to create a reasonable doubt even if we were not able to exclude all evidence. We can set the stage for making the evidence seem irrelevant or improper or just mistaken to the jury.
•  We can question or undermine the reliability of witness testimony. We can dispute the facts and testimony of witnesses for this charge by filing “motions to suppress” unreliable, improperly obtained, or other questionable evidence or testimony (especially if you were improperly questioned or were not made aware of your rights). 
•   If it is ruled admissible by the judge, we can argue at trial that the evidence or testimony is wrong or is fabricated against you and therefore should give the jurors a reasonable doubt.

Prosecutors do not like to waste taxpayer's money on expensive public trials; we can maybe wrap things up in pretrial phase or if not, start negotiating from there for lesser charges and sentences for you.

Other lawyers so often talk of how they will “aggressively fight for you.” They are doing nothing more than basically quoting from the American Bar Association’s Rules of Professional Conduct about the principle of a “lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law.” When you hire Phillip Haddad as your criminal defense attorney in Chicago or elsewhere in its suburban area, he will not only do his professional duty to zealously represent you but will get you the justice you deserve. His extensive experience in criminal defense will help you avoid conviction or else minimize the  penalties. Call criminal defense attorney Phillip Haddad at 708-833-3505 as soon as possible if you are in legal trouble.