Assault and Battery Defined

 Posted on March 02, 2018 in Assault & Battery

When people hear the term “assault and battery,” they often think of one crime. Assault and battery, however, are two separate crimes under Illinois law. They are related, but still different.

Assault differs from battery in that it is psychological. It usually happens in anticipation of battery. Assault refers to a threat that can be verbal or physical in nature. For example, if you threaten to kill someone, that can be considered assault. If you swing a bat at someone to scare him or her,but do not make contact, you can then be accused of assault, but not battery.

Battery involves some form of physical contact. It is a broad term that can mean anything from an unwanted hug to a punch in the face. It can also involve getting hit by an object or getting harmed by a firearm. Determining whether or not an incident should be considered battery can be confusing, though. The actual physical contact must be intentional, but the harmful nature does not have to be. Even poisoning someone’s food or blowing smoke in someone’s face can be considered battery.

Assault and battery do not have to co-exist. There can be assault without battery, and likewise, there can be battery without assault. However, to convict a person of battery, the prosecutor must prove that the person caused bodily harm to the victim or that he or she engaged in provocative or unwanted physical contact.

Assault and Battery Penalties

Under Illinois law, assault is classified as a Class C misdemeanor. The penalties include a fine of $1,500 and 30 days in jail. Community service may also be ordered.

When the assault results in severe bodily injury, disfigurement, disability, or death, the charge is elevated to aggravated assault. This can result in a Class 4 felony, which is punishable by 1-3 years in prison and a $25,000 fine.

Battery is classified as a Class A misdemeanor. It is punishable by a $2,500 fine and one year in prison. Aggravated battery can result in 2-5 years in prison and a $25,000 fine.

Most misdemeanor assault and battery convictions are punished by probation rather than imprisonment. Probation typically is not an option for felony charges, however.

Contact a Local Criminal Defense Lawyer for Assistance

While assault and battery charges are often misdemeanors, you could face felony charges in extreme cases. A felony can result in fines and prison time, and can additionallyaffect you for the rest of your life.

If you are facing assault and battery charges, seek legal help right away. The Law Offices of Christopher M. Cosley can defend your case. Skilled Rolling Meadows criminal defense attorney Christopher Cosley will do what it takes to help you avoid a conviction.

Source:

https://www.psychologytoday.com/blog/so-sue-me/201504/the-difference-between-assault-and-battery