Assault and Battery in Illinois

 Posted on August 11,2013 in Criminal Defense

Assault and battery is most often heard as a single term and not thought of as two separate criminal offenses, which is what they are. A judge can charge a person with one or the other, although they are typically paired together.

Assault is defined in Illinois lawas, “conduct which places another in reasonable apprehension of receiving battery.”

Battery can be either “conduct causing bodily harm to another person or insulting, provocation or unwanted physical contact with another person.”

The main difference is that assault does not include physical contact or injury to the victim.

Once it is found that someone is guilty of battery, the court must then determine the degree, such as whether or not the crime was aggravated battery, which is more serious. Aggravated assault may be charged if the victim has a serious injury or if the defendant used a deadly weapon.

If someone is charged with assault and/or battery, he or she will typically argue one of the following:

• Self-defense or defense of someone else
• Defense of property
• Consent of victim to contact (battery)
• Lack of reasonable apprehension (assault)

As a Class C misdemeanor, assault usually results in jail time of up to 30 days and/or a fine of up to $1,500 or the defendant may have to perform 30 to 120 community service hours. Aggravated assault, though, is a Class A misdemeanor or a Class 4 felony, depending on the prosecutor.

Class A misdemeanor charges result in up to a year in jail and/or up to a $2,500 fine. Class 4 felonies, however, are punished much more severely with up to three years in jail and/or a fine of up to $25,000.

Battery is charged as a Class A misdemeanor, however, aggravated battery can be charged as a Class 3, Class 2, Class 1 or Class X felony. Class 3 is charged with two to five years in prison, but Class 2, 1 and X are charged with up to 30 years in prison.

Most often, courts decide to sentence defendants with probation instead of jail time, unless they are charged with a Class X felony, which is not eligible for probation.

Even for the same crime, there are many outcomes that can come from a court room, which is why it is important to have a great criminal attorney at your side. Contact attorney Chris Cosley in Arlington Heights, Ill. for assistance with your assault and battery charges today.