A second-degree assault charge can be received if an individual, knowingly engages in conduct that results in another individual receding a potential battery. For a second-degree assault charge to be proved, the prosecution must either prove that the defendant caused bodily harm to the individual or the defendant through provoked and unwelcome physical contact with the individual.
Penalties for a 2nd Degree Assault Charge in Illinois
If battery occurred as a result of the second-degree assault, then the penalty for the charge can be quite severe. The perpetrator can be up to 30 years for a second-degree assault charge; however, if the defendant has more than one conviction for a second-degree assault, the state can sentence the defendant to up to 60 years in prison, although that could change depending on the felony degree.
For assault, the possible penalties in Illinois can be up to 30 days of imprisonment, a fine of up to $1500, probation for two years, or community service and restitution.
Related: Is a Forced Kiss Sexual Assault?
How to Expunge a 2nd Degree Assault Charge in Illinois
There are multiple ways to expunge a second-degree assault charge in Illinois.
It is easier to expunge a second-degree assault charge if the charge falls under one of the following defenses:
- Self-defense
- Defending property
- Defending other individuals
Suppose the individual has completed the amount of time for either probation or court supervision. In that case, there is still a way to expunge a second-degree assault charge if one does not meet the above categories.
- The defendant must file for an expunction. The waiting time for an expunction is usually two years from the conviction and should be filed where law enforcement arrested the defendant.
- The defendant must provide identification and a fingerprint card while filing for the expunction.
- The clerk will then set a date for the defendant’s case to be heard in front of a judge.
- If the judge believes the defendant has grounds to expunge the assault charge, they will then grant an expungement.
In order for a judge to grant expungement, it is best for the defense to have a good argument. By showing remorse, a judge can see a reason for an expungement. Remorse is a more evident indicator that the previously convicted individual wants to change and deserves an opportunity to prove that they are not someone who will catch a criminal charge again.
Related: What to Do If You’re Being Sexually Harassed at Work
If the individual was not convicted of the crime, however, they were arrested, the next step would be using forms from the state appellate defender approved by the Supreme Court Commission on Access to Justice. This form makes it easier to apply for expungement due to its accessibility.
Sealing Records
If the judge cannot grant an expungement, the next step would be to seal records. The benefits of sealing one’s records would be that only law enforcement can see the second-degree assault charge. When applying for loans, employment opportunities, or housing plans, an arrest record may often limit individuals’ opportunities. By stealing the record, they may continue to live life without being greatly restricted; however, law enforcement will still be aware of the individual’s criminal record.
Contact Us
If you or a loved one would like to learn more about 2nd Degree Assault Charge Illinois, get your free consultation with one of our Women’s Rights Attorneys in Illinois today!