Assault and Battery Law in Illinois

 Posted on June 28, 2014 in Criminal Defense

Assault and battery are two serious offenses that are treated as such in criminal courts in the state of Illinois. Those charged with such crimes are advised to immediately seek the help of an experienced criminal defense attorney to protect their rights. Below are some of the basics regarding relevant assault and battery laws in Illinois.

Assault

In the state of Illinois, an assault charge is usually graded as a Class C misdemeanor. The penalties associated with such an offense are a maximum of 30 days incarceration and up to $1,500 in fines. Typically, the facts that give rise to such a charge involve engaging in conduct or acting in a way that places another in fear of harm. It is important to note that the crime of assault does not necessarily involve physical contact with the victim; a verbal threat or threat of physical harm is enough to meet the law’s requirements.

Certain circumstances warrant a charge to be elevated to an aggravated assault. This usually happens when a deadly weapon is involved, the defendant is disguised when committing the crime, or the alleged victim is within a certain class of individuals, including but not limited to teachers, law enforcement officials, and firemen. Aggravated assaults are graded as Class A misdemeanors, which carry a maximum one-year jail sentence and a fine of up to $2,500. If the victim falls within the designated class of individuals, the crime becomes a Class 4 felony and carries a maximum three-year prison term and a maximum $25,000 fine.

Battery

Under Illinois law, it is considered battery if a person causes bodily harm to another or makes insulting or provoking contact with another. Pushing someone could be the basis for a battery charge. Because the crime invokes physical harm, it is generally treated more seriously than assault. Battery is graded as a Class A misdemeanor and can invoke a maximum jail term of one year or a fine of up to $2,500.

Aggravated battery is charged when the victim suffers significant bodily harm or permanent disability. The use of a firearm could also support a charge of aggravated battery. This crime is graded as a Class 3 felony and carries a maximum five-year prison term as well as fines that could reach up to $25,000.

Criminal Defense Attorney

Depending on the circumstances, assault or battery charges could have serious consequences for those accused of them. The attorneys at The Law Offices of Christopher M. Cosley have successfully defended a number of clients charged with assault and battery. Contact us today for a consultation in our Rolling Meadows office. We can listen to the facts of your specific case, advise you of your options, and protect your rights.