If you’re like most people, you’ve heard the term “assault and battery.” The two words are often used interchangeably—but they’re actually very different crimes (and each has its own set of consequences, as well). Most people choose to talk to an assault lawyer in Chicago after being accused of this crime, because the consequences can be severe.
So what is assault in Chicago and the rest of Illinois?
What is Assault Under Illinois Law?
720 ILCS5/12-1 defines assault as conduct that puts another person in reasonable apprehension of receiving a battery. (Battery is physical bodily harm to an individual or physical contact of an insulting or provoking nature with an individual.)
Assault is a Class C misdemeanor. If a judge convicts you of assault, in addition to any other sentence fitting a Class C misdemeanor, he or she will also sentence you to community service for a period of between 30 and 120 hours unless you’re incarcerated. If you’re placed under supervision for assault, the supervision is conditioned upon you completing your community service.
What is Aggravated Assault Under Illinois Law?
Aggravated assault, defined by 720 ILCS 5/12-2, is an assault against a person who is “on or about a public way, public property, a public place of accommodation or amusement, or a sports venue.” It can also be based on the victim’s status, such as whether he or she is:
- Physically handicapped
- Over the age of 60
- A teacher or school employee on school grounds, adjacent to a school or in any part of a building used for school purposes
- A park district employee on park grounds, adjacent to a park, or in any part of a building used for park purposes
If any of the following are performing his or her official duties, or if you assault one of them to prevent them from doing their official duties (or in retaliation for doing his or her duties), you could also be convicted of aggravated assault:
- A peace officer
- A community policing volunteer
- A firefighter
- A private security officer
- An emergency management worker
- An EMT
- A utility worker
- A correctional officer
- A probation officer
- A DHS employee or officer
- An employee of the State of Illinois
- A transit employee or a transit passenger
- A sports official or coach actively participating in athletic competition
- A process server
You could also be convicted of aggravated assault if you use a deadly weapon, a firearm, a laser sight or other laser device, or if you put someone in fear of being hit by a motor vehicle.
What to Do if You’re Accused of Assault or Aggravated Assault in Chicago
If police accuse you of assault or aggravated assault in Chicago, it’s a good idea to talk to an assault defense attorney who can evaluate your case and help you get the best possible outcome.
Call us at 847-920-4540 or get in touch with us online for a free case review. The sooner you call, the sooner we can help.