Assault

Thursday, June 2, 2016

Assault in Chicago: What You Need to Know


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.
Read more . . .


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.

 

 


Monday, October 5, 2015

What's the Difference Between Assault and Battery?

If you’re like many people, you’ve heard the terms assault and battery used interchangeably. They’re often used together, too (especially on crime shows), so it can be confusing to determine which term means what.

The Difference Between Assault and Battery Under Illinois Law

Assault and battery are two separate offenses, and they’re classified according to severity just like other offenses are.

Assault Under Illinois Law

Assault is defined as “conduct which places another in reasonable apprehension of receiving a battery.”

Battery Under Illinois Law

Battery is defined as conduct that causes bodily harm to another person or insulting, provocative or unwanted physical contact with another person.

Assault and Battery: Related, but Not the Same

Although assault and battery can go hand-in-hand, a person can be guilty of one and not the other.

For example, you can commit assault without following through and committing battery; likewise, you can commit battery without ever having committed assault.

Common Defenses to Battery Charges

Sometimes battery is permitted under Illinois law, such as when:

  • It occurs during self-defense or defense of someone else
  • It happens because you’re defending property
  • The victim consented to the contact

In order for a prosecutor to prove a battery charge, the defendant must have engaged in conduct that caused bodily harm to another person or physically contacted someone in an insulting, provocative, or unwanted way.

Consequences of Assault and Battery

If a judge convicts you of assault or battery, you could spend time in jail, pay large fines, or both. A judge could also order you to perform community service.

Some types of assault are misdemeanors, while others are felonies. The same goes for battery. Naturally, felony consequences are more severe than misdemeanor consequences are. In fact, if you’re convicted of a felony, you could spend between 1 and 3 years in prison, receive a fine of up to $25,000, or both. Further, if you have prior convictions for the same crime, the state may be able to increase the term of your imprisonment.

Were You Charged With Assault, Battery, or Both?

If you’ve been charged with assault, battery, or both, it might be a good idea to call a Chicago criminal defense lawyer who can help.

You can call us at 847-920-4540 or get in touch with us online if you need to discuss your case with an attorney. We may be able to defend you against assault and battery charges in Chicago, Skokie, Rolling Meadows or Schaumburg.


Friday, May 1, 2015

Criminal Sexual Abuse vs. Criminal Sexual Assault in Illinois

Any kind of sexual misconduct conviction on your record can be traumatic and life changing, but there are different terms that create a vast difference in sentencing – and many people view them differently, as well.

Criminal Sexual Abuse vs. Criminal Sexual Assault

Criminal sexual abuse and criminal sexual assault, according to Illinois law, are two very different charges. For one, criminal sexual abuse is can be a misdemeanor in some cases; criminal sexual assault is always a felony.

Criminal Sexual Abuse in Illinois

Criminal sexual abuse can be a Class A misdemeanor or a felony. It’s a misdemeanor when the person who commits sexual misconduct is under the age of 17; it’s a felony when the accused commits sexual conduct either under force or the threat of force, or when the victim couldn’t give knowing consent to the act.

If the accused could reasonably believe that the victim was at least 17 years old, that can often be used as a defense against criminal sexual abuse charges.

Criminal Sexual Assault in Illinois

Criminal sexual assault is different from criminal sexual abuse. It generally refers to rape, and under the law, it’s sexual penetration combined with:

  • Force or the threat of force
  • A victim who was unable to understand what was going on
  • A victim who was unable to give knowing consent
  • A victim who was under 18 years old when the accused is a family member
  • A victim who was at least 13 but under 18, and the accused is 17 or older and held a position of authority, trust or supervision toward the victim

The law further establishes aggravated criminal sexual assault and predatory criminal sexual assault, both of which the courts consider Class X felonies.

Aggravated Criminal Sexual Assault

Aggravated criminal sexual assault meets all the criteria of criminal sexual assault and includes:

  • The use of a dangerous weapon
  • Infliction of bodily harm
  • Making threats against the victim’s life or another person’s life
  • Commission of another felony at the same time
  • A victim who is over 60 or is physically handicapped
  • The accused drugging the victim through controlled substances
  • The accused discharging a firearm during the sexual assault, with or without causing harm or death to someone else

The accused can also be found guilty of criminal sexual assault if the victim is 8 years old or younger, provided he or she is over the age of 16, or when the victim is between the ages of 9 and 12 and force or the threat of force is used. Finally, if the victim is mentally challenged, the courts may find the accused guilty of aggravated criminal sexual assault.

Predatory Criminal Sexual Assault

Predatory criminal sexual assault involves a defendant older than 17 and the victim is 12 or younger. Other factors may also come into play, such as the defendant carrying or discharging a firearm, causing great bodily harm, and delivering controlled substances to the victim.

If you’ve been accused of criminal sexual assault or criminal sexual abuse, you’ll probably want to work with a Chicago sex crime lawyer who’s familiar with Illinois law. It’s important that you talk to an attorney as soon as possible so he can protect your rights and ensure that you are treated fairly within the Illinois justice system.


Friday, March 6, 2015

The 3 Most Common Criminal Charges in Chicago

Hundreds of people are arraigned for crimes in and around Chicago each day. Some charges are more common than others, according to the FBI, although overall crime in the city is on a decline.

But what are the most common criminal charges in Chicago?

Chicago’s 3 Most Common Criminal Charges

The FBI breaks crime down into several broad categories, such as violent crimes and property crimes. From there, they break things down further into more specific categories. The FBI tracks crime statistics for decades, and far and away, there are three crimes that are routinely the most common in Chicago.

1. Larceny and theft. Theft includes crimes such as shoplifting, and the penalties for a conviction vary widely depending on the value of the property and your criminal record prior to this charge. Larceny and theft can be considered misdemeanor or felony charges that can result in high fines, community service and even jail time.

2. Burglary. Burglary is different from larceny and theft in that it involves entering a building, motor vehicle or other place without the owner’s consent and with the intent of committing a theft or a felony while inside. Offenses such as entering a vehicle to steal something inside often result in burglary charges, as do breaking into homes to steal another person’s possessions. (Just as a side note, residential burglary is a Class 1 felony that can put you behind bars for anywhere between 4 and 15 years).

3. Aggravated assault. Aggravated assault, under Illinois law, involves threatening someone with physical violence. For example, a person can be charged with aggravated assault for physically intimidating another person or for throwing a punch but missing the target. You can be charged with assault even if you didn’t cause the other party any physical harm.

What to Do if You’re Charged with These Common Crimes

Whether or not you’re guilty, it’s important that you use your right to remain silent. Don’t say anything to investigators if you’re accused of these—or any other—crimes. When they tell you that anything you say can and will be used against you, they mean it.

It’s best if you talk to a Chicago criminal defense lawyer who can speak on your behalf. He’ll make sure that investigators and law enforcement personnel don’t violate your constitutional rights and ensure that you get the best possible outcome for your case.


Friday, July 25, 2014

What Counts as Battery in Chicago?

Battery. You’ve heard the term before, but what does it really mean? It doesn’t help that people often use assault and battery as interchangeable terms (they’re not). As a Chicago assault and battery lawyer, many people ask me where the state of Illinois draws the line between the two.

What’s the Difference Between Assault and Battery?

First, let’s clear up the difference between assault and battery. Illinois law defines assault as when one person “places another in reasonable apprehension of receiving a battery.” You can be charged with assault even if you never caused anyone harm – but battery is another story.

You can be charged and convicted of battery when you harm someone or when you cause someone harm without physically touching them.

See? It’s a little confusing. So what counts as battery?

Battery: What Can Get You Charged and Convicted

If you cause bodily harm to another person, you can be charged with battery. However, you don’t even need to harm them to be charged with battery.

It’s not unusual for people to be charged with battery for things like:

  • Punching, slapping or hitting
  • Spitting on another person
  • Choking
  • Kicking
  • Pushing
  • Touching another person in an unwelcome manner

Possible Battery Defenses

There are several ways to show the courts that you’re not guilty of battery. While every case is different, your assault and battery attorney will be able to evaluate your case and see what applies to you. Your lawyer might feel that you can claim:

  • Self-defense
  • Defense of another person
  • Defense of property
  • The victim’s consent

Even if these things don’t apply in your case, there may be a perfectly good reason for what happened. Your lawyer, once he knows the whole story, will be able to begin to build your defense.

The Consequences of a Battery Conviction in Chicago

There are two distinct types of battery in Illinois: simple battery, which is a misdemeanor, and aggravated battery, which is a felony.

If you’re convicted of misdemeanor battery, you could spend up to a year in jail and be required to pay a fine of $2,500. People who are convicted of aggravated battery can end up serving time in prison. It’s always best to consult with a Chicago assault and battery lawyer who can thoroughly evaluate your case and get to the truth of the matter.


Friday, June 28, 2013

Assault – Easy to Arrest, Hard to Convict: ILDefense.com Blog

720 ILCS 5/12-1 defines the offense of Assault in Illinois:  A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.

“Conduct” is the most important word in the definition of assault because it implies that words alone do not constitute an Assault.  The words have to be coupled with action in order for an assault to occur.

For example, making a fist and chasing after someone while yelling “I’m going to kill you” is an Assault.  But standing 30 feet away from someone and simply saying “I’m going to kill you” without any other action is not an assault.

Police routinely arrest people for assault even when an assault truly did not occur. Unfortunately, our system of justice makes it easy to arrest someone with little evidence to support the charge. However, it is much harder to convict someone in a court of law because the evidence must prove guilt beyond a reasonable doubt. That is why it is vital to hire an attorney who understands the law and can establish your innocence.

Contact The Law Offices of M. Fakhoury – A Chicago Criminal Defense Firm for a Free Consultation at 847-920-4540 or ILDefense.com


Sunday, October 21, 2012

Assault - Words Alone Don't Cut it: October 21, 2012 Criminal Defense Blog - Law Offices Of M. Fakhoury

 

Assault is defined as engaging in conduct which places another person in “reasonable apprehension of receiving a battery.” “Conduct” is the most important word in the definition of assault because it implies that words alone do not constitute an Assault.  The words have to be coupled with action in order for an assault to occur. 
 
For example, making a fist and chasing after someone while yelling “I’m going to kill you” is an Assault.  But standing 30 feet away from someone and simply saying “I’m going to kill you” without any other action is not an assault. 
Police routinely arrest people for assault even if one truly did not occur. That is why it is vital to hire an attorney who understands the law and can convince a judge or jury that you are Not Guilty of assault. 
 
Contact The Law Offices of M. Fakhoury – A Chicago Criminal Defense Firm for a Free Consultation.
 

 


Archived Posts

2017
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
2013




© 2017 Law Offices of M. Fakhoury, LLC | Disclaimer
10024 Skokie Blvd., Suite 210, Skokie, IL 60077
| Phone: 847-920-4540
1600 E. Golf Road, Suite 1200, Rolling Meadows, IL 60008
| Phone: 847-920-4540
111 West Jackson, Suite 1700, Chicago, IL 60604
| Phone: 847-920-4540

Practice Areas | Proudly Serving | Results

Attorney Website Design by
Amicus Creative