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Defending the rights of clients charged with assault and battery in DuPage, Cook, and surrounding counties.
Being charged with assault or battery in Illinois can be scary and confusing. You might worry about going to jail, losing your job, or what friends and family will think. Many people don't even know that assault and battery are actually two different crimes in Illinois, even though they're often mentioned together.
At McMahon Law Offices, our defense team includes former prosecutors who know exactly how the state builds cases against people accused of these crimes.
We've helped thousands of clients in DuPage, Cook, Kane, and Will counties fight assault and battery charges. We're ready to protect your rights and work to reduce the impact these charges have on your life.
In Illinois, assault means making someone fear they're about to be harmed – like threatening them or making them think you'll hurt them. Battery is actually touching someone in a harmful or offensive way. You can be charged with one or both.
Simple assault is usually a misdemeanor with up to 30 days in jail and fines up to $1,500. Charges can become more serious (aggravated assault) if it happened in certain places, against people like teachers or police officers, or if a weapon was involved.
Simple battery can mean up to one year in jail and fines up to $2,500. Aggravated battery is much more serious and can lead to 2-30 years in prison depending on how bad the injury was, who was hurt, or if a weapon was used.
Domestic battery is battery against a family member, spouse, ex-spouse, someone you have a child with, or someone you're dating. Even a first domestic battery charge is serious and will stay on your record permanently if you're convicted.
Yes, charges can be dropped or reduced if there's not enough evidence, witnesses aren't reliable, you acted in self-defense, or through plea deals. A good attorney can find weaknesses in the case against you.
Charges become "aggravated" when they involve weapons, harm to protected people like police or seniors, happen in certain places like public property, cause serious injuries, or involve choking someone. These charges have much harsher penalties.
Yes, self-defense is legal if you reasonably believed you were in danger and used appropriate force to protect yourself. You can also defend others or your property in certain situations. Our attorneys can help figure out if these defenses work for your case.
Not necessarily. First-time offenders often can get probation or court supervision instead of jail. But if someone was seriously hurt, if you used a weapon, or if it was domestic battery, jail is more likely. Getting a lawyer early helps avoid jail time.
If you're convicted of domestic battery or any felony, you'll lose your FOID card and right to own guns permanently. Even other violent misdemeanors can affect gun rights. This is one reason why fighting the charges is so important.
Yes, even before you're convicted, these charges can affect your current job and make it harder to find new jobs, especially in fields that do background checks like education, healthcare, or law enforcement. Professional licenses might also be at risk.
Prosecutors usually use victim statements, witness testimony, medical records, photos of injuries, videos, 911 call recordings, and police reports. Our team carefully reviews all evidence to find problems with the case against you.
No. It's best to stay silent and call an attorney right away. Even innocent explanations can be twisted and used against you. Our former prosecutors know how police gather evidence and can protect you from saying something harmful.
Right away. The early stages of a case are crucial. Evidence needs to be collected quickly, witnesses need to be interviewed while their memories are fresh, and there are legal deadlines that start immediately. Having a lawyer from the start helps prevent mistakes.
Simple assault convictions might be eligible for expungement (removal) or sealing after waiting a certain time. However, domestic battery and most felony battery convictions cannot be removed in Illinois, making a strong defense even more important.
Our defense team includes former prosecutors who understand both sides of the courtroom. We know how the state builds cases, what evidence they focus on, and where cases are often weak. This inside knowledge, plus our extensive trial experience, helps us build stronger defenses for our clients.
