5 Proven Defenses to Assault Charges That Can Help You In Illinois

Don’t risk your future when facing assault charges in Illinois. A conviction can severely affect your employment, housing, and other opportunities. Make sure you have an experienced criminal defense attorney by your side who can navigate the complexities of Illinois assault law and fight for the best possible outcome.

At Marder & Seidler, we are providing legal expertise for 40+ years, helping people get out of their legal troubles with ease and confidence.

Proven Defenses to Assault Charges That Can Help You In Illinois

Some of the common yet proven defenses to assault charges that can help you prepare for winning your case are as below:

1. Self-Defense

Your attorney may explore the possibility of self-defense. This means you’re admitting to the act but arguing that it was necessary to protect yourself from harm. If you reasonably believed you were in imminent danger of harm, you may be able to claim self-defense. However, the force used must be in direct and logical proportion to that of the threat faced.

2. Defense of Others

Similar to self-defense, the defense of others allows you to use reasonable force to protect another person from harm. For this to work, you would need to prove the below situations:

• The situation called for you to believe that the other person was in imminent danger reasonably.
• The force used on your end was required and in correct proportion to the threat faced.
• You did not initiate the aggression.

By establishing these elements, you may be able to justify your actions and avoid criminal liability.

3. Lack of Intent

Another defense strategy for assault charges is lack of intent. The prosecution must prove that you intentionally caused harm to the victim. If you can demonstrate that your actions were accidental or unintentional, you may have a strong defense.

Evidence to support a lack of intent defense might include:

• Witness testimony
• Physical evidence
• Medical records

Your own statements or actions at the time of the incident

4. Consent

Some peculiar cases can call for the alleged victim to have consented to the physical contact. If you can prove consent, it can be a powerful defense in your favor. However, do bear in mind that consent must be:

• Freely given

  There cannot be any coercion, threats, or undue pressure.

• Informed

  The victim must have a clear understanding of the nature of the act.

• Ongoing

  Consent is not a one-time event; it can be withdrawn at any time.

Evidence of consent might include:

• Text messages or emails
• Witness testimony
• Audio or video recordings
• The victim’s own statements

5. Entrapment

Entrapment occurs when law enforcement agents induce or coerce a person into committing a crime that they would not have otherwise committed. If you can prove entrapment, the court may dismiss the charges against you. To establish entrapment, you must demonstrate:

• Government Inducement

  Law enforcement agents used persuasion, threats, or other means to convince you to commit the crime.

• Lack of Predisposition

  You were not predisposed to commit the crime before the government’s involvement.

Additional Important Considerations

The above common defences to assault charges in Illinois might have given you an overview on how to go about a situation when facing these charges. Additionally, keep the below points in mind-

• Legal Counsel

  It’s crucial to consult with an experienced criminal defense attorney in Illinois who specializes in assault cases. They can assess your specific situation and develop a tailored defense strategy. Contact the expert defense attorneys at Marder & Seidler to get you the best advice on your case by calling on 847-985-6767.

• Gather Evidence

  Collect any evidence that supports your defense, such as witness statements, medical records, or security footage.

• Be Honest with Your Attorney

  Provide your attorney with all relevant details about the incident in complete detail without hiding facts, as small as they maybe. Your attorney would need the slightest of the particulars of the situation concerned.

These are just a few potential defenses, and the specific strategies will depend on the unique circumstances of your case. The experienced attorneys at Marder & Seidler can guide you through the legal process and help you navigate the complexities of assault charges in Illinois.