Illinois Criminal Defense Blog

Monday, February 1, 2016

The Relationship Between Assault and Battery

It’s common for people to use the terms assault and battery interchangeably, but the truth is, they’re very different crimes. In fact, they can exist separately from each other.

What is Assault Under Illinois Law?

Under Illinois law, assault is defined as when a person without lawful authority “knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.”

The crime of assault is typically a Class C misdemeanor, which is punishable by a fine in court. If you’re convicted of assault, you’ll have a permanent criminal record (although you may be able to petition the court for an expungement later).

What is Battery Under Illinois Law?

Battery is when a person knowingly – and without legal justification – either causes bodily harm to another person or makes physical contact of an insulting or provoking nature with an individual.

Aggravated battery occurs when a person, while committing a battery, causes great bodily harm, disfigurement or permanent disability through a number of means. Aggravated battery could also be applied in instances where the victim is a child, a person with an intellectual disability, or a senior over the age of 60. Any battery committed with a firearm or other weapon could be considered aggravated battery, as well.

Illinois law considers battery a Class A misdemeanor. However, aggravated battery is typically a Class 3 felony – but in some cases, it can be a Class 2 or Class 3 felony.

Do You Need a Chicago Assault and Battery Lawyer?

Every case is different, so if you’ve been accused of assault or battery – or both – you should talk to a Chicago criminal defense lawyer who can evaluate your case and build a solid strategy to get you the best possible outcome.

Call us at 847-920-4540 or get in touch with us online for a free consultation. You deserve skilled legal representation when you’re facing assault and battery charges in Chicago.

 

 


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