20+ Years of Experience
Top Criminal Assault Lawyers
If you have been charged with assault, call Chicago assault attorney Gus Kostopoulos today. Gus is a former prosecutor with over 18 years experience. He understands how the prosecution builds a case against you and uses this knowledge to help you achieve the best possible outcome.
Without the assistance of a knowledgeable criminal lawyer, you may face serious fines and/or jail time. Call our Chicago office today for a free consultation. We are available 24/7 to take your call.
20+ Years of Experience
Experienced Former Prosecutor
Top Rated in Criminal Defense
Difference Between Assault and Battery
Many times, assault and battery are used interchangeably, but the two are actually separate offenses.
Assault is, in very basic terms, engaging in conduct that puts another in fear of an immediate threat or injury. Physically touching or injuring another person is not required. Since this crime can be committed in the absence of physical harm it is a commonly charged offense in Chicago. The severity of punishments awarded in assault cases hinges on the facts specific to your case.
Assault Law in Illinois
You commit an assault when you engage in conduct that places another person in reasonable fear of a battery. For the purposes of the discussion of assault, you must simply understand that a battery is the intentional infliction of bodily harm against another person.
Note, the law does not require you to touch or harm another person to be charged and convicted of assault. Your behavior is enough to constitute the crime of assault, so long as a reasonable person would be fearful. Examples of behavior that would likely trigger this reasonable fear include:
- waving a knife,
- making a fist, or
- taking an aggressive and threatening stance in the immediate personal space of another.
Aggravated Assault
In some cases, the behavior that strikes a reasonable fear in another may be so extreme that it is considered aggravated assault. The crime of assault is elevated to an aggravated level when the person uses a deadly weapon or wears a disguise, or targets a certain class of individuals.
Crimes that may be charged as aggravated assault include:
- Assault against an individual on public property such as an amusement park or sports venue;
- Knowingly committing an assault against a disabled or elderly person;
- Assault against a teacher at or near a school;
- Assault against a police volunteers, private security, or utility workers;
- Assault against correctional officers or Department of Human Services employees;
- Assault with the use of a deadly weapon, or item that is intended to look like a deadly weapon; and
- Assault while wearing a hood, robe, or mask to conceal identity.
“Got my felony completely dismissed!”
My family’s lawyer told me that you are top trial lawyers. You won my felony hearing and got my felony completely dismissed! Thank you
– Michael L
“I was facing multiple charges of Domestic Battery”
I was facing multiple charges of Domestic Battery , had 3 warrants issued for my arrest and had these stupid charges weighing on me for 6 years, not wanting to face the music. I finally got picked up and with 6 small children at home, there was NO WAY I could afford to have jailtime. Joe listened and asked crucial questions and from the start he told me he would get it dismissed. I was skeptical to say the least. I paid him in 2 payments (he is super flexible) and then waited after the holidays for final court date. Completely dismissed. He will not give you false hope. He is honest, real and the ONLY person I want in my corner. HE IS WORTH EVERY PENNY! Don’t have someone else give you the runaround as most attorneys do. Save yourself the BS and GO WITH JOE !!!
– Christina S. | March 2019
“I could not be more pleasedand thankful.”
Please read this before you look for another lawyer!! First off, I want to say I am writing this review not because someone asked but because I am so beyond grateful and impressed to have had this group defending me in the court of law. I have never had such exceptional customer service and treated as if I were a high-end long time client. They made me feel like my case was just as important to them as the next. Their articulate steps were given to me in the very beginning to go over what was to be expected and what their goal was. Their rather diligent and speedy efforts to resolve my case couldn’t have been dealt with any better as my case could have gone south real quick. I trusted this group to take full control, let them do their work and they delivered with an outcome I was not expecting. I could not be more pleased and thankful as well as appreciated their flexibility with my payments (that was more than affordable for the hard work they did) as I was in a tight bind at the time. Thank you Joe, Rosemary and everyone else in between who have helped along the way! Your efforts were not unrecognized and I wish your group the best in the future to come! Lets just hope I don’t have to go through this again. If so I’m calling you back!!
– Mareena G. | January 2020
“He was able to dismiss my case and expunge this legal problem off my record.”
I came into some trouble with the law and being my first ever having to hire a lawyer was difficult. When a good friend of mine told me about Joe at Kostopoulos Law Group I had a good feeling about him. Around the time I came into some trouble with the law I was in the process of enlisting for the United States Marines. This court case was stopping me from going any further with my plans of enlisting. I brought the case to Joe and let him know my situation. He was able to dismiss my case and expunge this legal problem off my record. Joe cleared it all up for me and I had little to no worries. I HIGHLY recommended Joe from Kostopoulos Law Group. He will put your mind to ease and take care of your legal trouble. Joe is a very down to earth guy, respectful man, and super friendly. Thank you Joe for taking care of my case I really appreciate it.
– Jonathan G. | November 2019
“Gus, Joe and Rosemary helped in getting my case dismissed.”
Words cannot describe how grateful I am to Joe and Gus. It is very hard to find a dedicated sincere attorney like Joe. Even if anyone calls their number in the middle of the night, Joe will be there to answer and hear your case for sure. Just like that, few months ago, I got into a very unfortunate circumstance. My wife was worried sick didn’t know what to do, called the Kostopoulos Law firm in the middle of the night, since then, Joe is been supporting me till the case got completely dismissed. Gus, Joe and Rosemary helped in getting my case dismissed. Words are enough to express my gratitude and appreciation for their sincere dedication and hard work. They went above and beyond to make sure I understood what was happening and what needed to be done to get the case completely dismissed and expunged. To say my experience with the Kostopoulos Law group was pleasant would be the biggest understatement. I am forever thankful to them both. If you happen to find yourself if legal troubles I highly recommend the Kostopoulos Law Group.Thank you Gus, Joe and Rosemary!!
– Imran Q. | May 2019
Penalties for Assault
If you are convicted of the crime of assault, the punishment you will face depends on:
- the severity of the threat,
- whether a deadly weapon or disguise was used, and
- who the threat of imminent harm was against.
Depending on these factors, assault can be charged as a misdemeanor or felony offense.
Assault – No Aggravating Factors
In cases were the assault is mild and/or a first offense, it may be charged a Class C misdemeanor. Class C misdemeanors are the least severe classification of crime and are punishable by:
- No more than 30 days in jail;
- Fines of up to $1,500; or
- 30-120 hours of court-mandated community service.
Aggravated Assault
If any aggravating factors are present during the assault, the state may charge the offense as a Class A misdemeanor, which is punishable by:
- Probation;
- Up to 1 year in jail; and
- Fines of up to $2,500.
Alternatively, if the assault is especially egregious, the state may charge the offense as a felony. Aggravated assault may be charged as a Class 4 Felony, which is punishable by:
- 1-3 years in prison; and/or
- Fines of up to $25,000.
Illinois may extend the maximum term of imprisonment to 3-6 years for defendants who have previously been convicted of the same crime.
Defenses to Assault Charges
Even if you are charged with the crime of assault, it does not mean that the state has a legitimate case against you. Whether an assault occurs is, in many ways, very subjective. Additionally, there are many defenses that are available to you if you have been charged with assault in Chicago. These include:
- Defending yourself or another person from harm;
- Defending your property;
- Lack of reasonable apprehension; or
If you are defending yourself, another person, or your property from injury or harm you are permitted to use reasonable force. When asserting these defenses, you are essentially admitting to the assault, but providing a legal explanation, excuse, or justification for your actions.
A successful assault conviction will require proof that the plaintiff was reasonable in their apprehension and that the apprehension was of an immediate battery.
If you are charged with the crime of assault you may be able to argue that one of these two factors – reasonableness and immediacy – were not present. If a reasonable person – an objective person removed from the situation – would not have been fearful of your behavior, you may be able to successfully defeat the charges.
Alternatively, if the plaintiff could not have been fearful of an immediate battery you may also be successful in defeating the charges. For example, if you are in a heated discussion with another person and threaten to beat them up at some point in the future, it may be difficult for the state to prove that the plaintiff had a reasonable fear of immediate battery.
Contact An Experienced Dupage County Assault Defense Attorney Today
If you have been charged with assault you should seek legal advice immediately. Enlisting the assistance of an experienced and knowledgeable Chicago assault defense attorney could mean the difference between probation and a year in jail. The assault defense lawyers at Kostopoulos Law Group, LLC are dedicated to protecting the rights of clients accused of assault or aggravated assault and fighting the charges against them.
To learn more about your legal rights contact us today for a free, no-commitment consultation. We will review the details of the charges against you, determine if your Constitutional rights have been respected, and develop a legal strategy to minimize any penalties you may face.
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Call Dupage County and Cook County criminal defense attorney Gus Kostopoulos today to discuss your case.
