Waukegan, IL Assault Defense Lawyer

Skilled Attorney Protecting Defendants from Assault Charges in Waukegan, Illinois

When a heated argument escalates to violence, one or both parties may end up facing assault and battery charges. A conviction of this charge can have lasting consequences, including jail time and a permanent mark on your criminal record. To safeguard your rights against allegations of assault, reach out to a Waukegan, Illinois assault defense attorney.

Attorney Theodore Potkonjak of Law Office of Theodore S. Potkonjak has over 40 years of legal experience, which has afforded him clear insights into how to handle criminal defense cases. Our firm can work with you to fight back against misdemeanor or felony violent crimes, exploring all options for a reduction of charges or a full dismissal.

What Is Assault?

Assault in Illinois occurs when a person, without legal justification, knowingly creates a reasonable fear of imminent bodily harm in another individual. This offense does not require physical contact, as threatening gestures or actions meet the bar required for an assault charge. Simple assault is classified as a Class C misdemeanor, punishable by up to 30 days in county jail and fines up to $1,500.

Charges can become aggravated when certain factors are present. For example, if the alleged victim belongs to a protected class—such as a police officer, teacher, or healthcare worker—during the performance of their duties, the offense can elevate to a Class A misdemeanor or Class 4 felony. The use of a deadly weapon to threaten someone automatically upgrades simple assault into aggravated assault.

What Is Battery?

Battery involves the actual use of force or violence upon another person without legal justification. Even a slight touching can constitute battery if done in an offensive or harmful manner. Simple battery is treated as a Class A misdemeanor, punishable by up to one year in county jail and fines up to $2,500.

When an act of battery results in great bodily harm—such as broken bones, significant bruising, or injuries requiring medical intervention—the charge escalates to aggravated battery, a Class 3 felony. Offenders face prison sentences of two to five years and fines up to $25,000. The use of a weapon or the commission of battery against certain protected individuals escalates the offense to a higher felony class with more severe penalties.

Illinois also recognizes specific offenses like domestic battery, which applies when the victim is a family or household member. Domestic battery carries its own set of aggravating factors and can lead to enhanced charges, mandatory counseling, and longer probation or incarceration terms.

Defense Strategies for Assault and Battery Charges in Waukegan

Mounting a robust defense starts with scrutinizing how police gathered evidence and whether constitutional rights were respected throughout the investigation. If officers conducted an unlawful search or arrest, a motion to suppress key evidence may weaken the prosecution's case. Challenging witness credibility or the reliability of victim statements can also cast doubt on the allegations, particularly when accounts conflict or lack corroboration.

Self-defense and defense of others serve as affirmative defenses when a defendant reasonably believed they or someone else faced imminent harm and used no more force than necessary. Demonstrating that the accused acted to prevent injury rather than to instigate violence can lead to acquittal or reduced charges. In cases of alleged domestic battery, evidence of mutual combat or lack of intent can similarly undercut the prosecution's case.

Contact a Waukegan, Illinois Assault Defense Attorney

If you have been accused of assault or battery, do not wait to seek legal representation. At Law Office of Theodore S. Potkonjak, we will explore your avenues of defense, making sure that nothing is overlooked in your case. To arrange a complimentary consultation, call us at 847-263-1200 or contact our Waukegan assault defense lawyer. We defend clients in McHenry County, Lake County, Cook County, and DuPage County from our offices in Waukegan and Antioch.