Chicago Assault & Battery Defense Lawyer

Sandra L. Byrd in Chicago, Illinois is a criminal defense attorney with extensive experience handling matters of assault and battery for multiple clients. Attorney Sandra L. Byrd has obtained many successful outcomes and works daily to achieve results that protect rights, preserve futures and achieve justice. Her approach to law combines a willingness to listen and a passion to defend. If you have been arrested for assault and/or battery in Illinois, you need to understand the charges and know what to expect as you move forward.

What is Assault?

There are two types of assault: simple assault and aggravated assault. Assault does not require physical contact, but a reasonable belief in receiving a battery. Aggravated assault occurs when a simple assault is accompanied by the use of a deadly weapon. Aggravated assault can also occur if it takes place on a public way or based on the status of the alleged victim. For example, if the alleged victim is a senior citizen, handicapped, a police officer, transit employee, or sports official, a simple assault becomes an aggravated assault.

What is Battery?

Unlike assault, battery involves physical contact. Aggravated battery means causing great bodily harm or permanent disability to another person. Aggravated Battery can also occur based on the location of the offense or the status of the victim. For example, if the alleged victim is a police officer, pregnant woman, or a senior citizen a simple battery will become an aggravated battery with enhanced penalties. The penalties can be severe if the alleged victim is a child or the battery occurs when a firearm has been discharged.

Penalties for Assault & Battery

Penalties range from jail time to serving time in a state prison, fines, and community service. In some cases probation is available. The classification for each offense follows:

  • Assault – Class C misdemeanor
  • Aggravated Assault – Class A misdemeanor, Class 4 felony or a Class 3 felony
  • Battery – Class A misdemeanor
  • Aggravated Battery – Class 3 felony, Class 2 felony, or Class 1 felony.
  • Aggravated Battery to a Child – Class X felony
  • Aggravated Battery with a Firearm – Class X felony

A Class 3 felony carries a sentence of up to five years in prison and fines reaching $25,000. By contrast, a Class A misdemeanor has a jail sentence up to 364 days in jail and fines up to $2,500. Based on the circumstances, some assault and battery charges are considered domestic violence, which carries additional penalties and even harsher sentences and repercussions. Aggravated Battery with Firearm offenses can carry up to 60 years in prison.

Defending Your Rights and Pursuing the Truth

Attorney Sandra L. Byrd will discuss the details of the alleged assault or battery with you to determine the best course of action. In many cases, she has proven that the accusation did not have a solid foundation or was exaggerated. In addition, she will explore any possible defenses with you. For example, if the charged physical contact was in response to a threat, you may have the right to defend yourself with a reasonable amount of force.

If you are a first-time offender, there may be options for alternative sentencing such as counseling or anger management classes and there is also a possibility the charges will be dismissed. Ms. Byrd will fully explain all available defenses and advise you on how best to proceed.

If you are facing assault and/or battery charges, contact Attorney Sandra L. Byrd today for a free initial consultation. She will listen to you and take the time to answer any questions you may have. From her Chicago, Illinois office, she serves clients in Cook County, Chicagoland and beyond. Call (312) 928-1000 today.

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