Assault occurs when someone makes someone else afraid of impending violence. Battery is the actual physical conduct between the two people. Criminal charges for assault or battery may follow a bar fight, domestic disturbance, or even an argument that got out of hand.

Criminal penalties for assault and battery can include jail time and a permanent criminal record. If you or a loved one were charged with assault, battery, or another violent offense, it is important to explore your defense options. One way to fight criminal charges for assault or battery is to argue self-defense.

What Counts as Self-Defense?

Most people will stand up for themselves if they are provoked. Unfortunately, some people find themselves facing criminal charges for simply defending themselves. However, successfully arguing self-defense during a criminal case is easier said than done. There are limited circumstances in which injurious force is justified in Illinois law.

Most drivers have experienced the sense of dread that comes with seeing flashing blue lights in your rearview mirror. In the best-case scenario, a driver pulled over by police will get off with just a warning. In the worst-case scenario, the driver may leave the traffic stop in the back of a police vehicle.

How a driver handles a traffic stop can mean the difference between a temporary detour or moderate fine and criminal charges. It is important for everyone to understand their rights and responsibilities during traffic stops.

De-Escalate the Situation by Making Officers Feel Safe

On average, 176 police officers are killed in the line of duty every year. Over 14,000 are injured. One of the best things you can do during a traffic stop is to demonstrate to police that you mean them no harm. If you see lights and hear sirens behind you, pull the car to the right side of the road as soon as you can safely. Turn off the car and put your hands on the wheel. Do not reach for your license or registration until told to do so.

Driving under the influence of alcohol is one of the most common offenses for which Illinois residents face charges. Any criminal charge related to drunk driving can lead to substantial penalties and should be taken seriously. However, first-time DUIs are penalized less harshly than second, third, or subsequent DUI convictions. The consequences a person faces for DUI also depend on whether anyone was hurt or killed in an accident while the driver was under the influence.

Drunk driving is considered a felony offense if there are aggravating circumstances. Felony DUI is penalized severely, and someone convicted of felony DUI could face several years in prison. If you or a loved one were charged with felony DUI, read on to learn about your legal rights and options.

Assert Your Rights as a Criminal Defendant

The U.S. Constitution affords you rights as a criminal defendant. However, it is up to you to take advantage of those rights. One of the best things you can do if you were accused of a crime is to avoid incriminating yourself by answering a police officer’s questions. You have the right to remain silent and avoid self-incrimination and it is important you do so. You also have the right to consult with an attorney and to have an attorney present during questioning.

Criminal defense attorneys have a variety of tools at their disposal when defending a client charged with a criminal offense. For the prosecution to obtain a guilty verdict and convict a defendant of a crime, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. Usually, the prosecution uses a combination of evidence and testimony to argue that the defendant is guilty. However, the evidence must meet certain criteria to be used in a criminal case.

If you or a loved one were charged with a crime, it is important to understand how a motion to suppress evidence may be used to defend against the charges.   

Evidence and Statements Acquired Through Illegal Means

Fortunately, Americans have rights protected by the Constitution and other legislation. If the evidence in a criminal case is obtained in violation of these rights, it may be suppressed. This means that the evidence is inadmissible in court and may not be used during the trial.

Any criminal conviction has the potential to radically change the offender’s life. However, sexually-based offenses are often punished especially harshly. If convicted of a sex crime, you may face significant jail time as well as mandatory registration on the public sex offender list. Conviction for a sex crime such as sexual assault can virtually destroy your personal and professional reputation. If you or a loved one have been accused of sexual assault, rape, sex abuse, or another sex-based offense, securing skilled legal counsel should be your first priority.

Innocent Until Proven Guilty

Criminal accusations must be proven “beyond a reasonable doubt.” This is the highest burden of proof that exists in American law. As a criminal defendant accused of sexual assault, you need to cast doubt on your guilt. Your lawyer may do so on your behalf using many different defense strategies. Unfounded accusations of sexual assault may be easily disproven if there is not enough evidence against the defendant. The defendant may also be able to use an alibi to avoid conviction. For example, if a man is accused of raping a woman but employment records show that he was out of town for work that night, he may avoid conviction.

The defendant may also be able to deny culpability by asserting that the sexual encounter was consensual. However, this often becomes a he-said, she-said situation.  A skilled criminal defense lawyer can help a defendant accused of sexual assault gather evidence and build a strong defense strategy.