Assault and battery are related crimes, but they don’t have the same definition. In Illinois, assault and battery aren’t the same criminal law waukegan il act. They are separate crimes. For instance, a person can be charged with assault, battery or both crimes depending on the type of the case facts.
What is Criminal Battery in Illinois?
Criminal battery occurs in one of two ways. A person is accused of causing bodily injury to another individual. Bodily injury can range from bruising to broken bones. A person can also be charged with battery if they insult, provoke or have unwanted physical conduct with an alleged victim.
What is Criminal Assault in Illinois?
Criminal assault is the misdemeanor charge. It is defined as behavior that places another person in reasonable apprehension of a suffering a battery. This means the defendant confronts a victim in such a way that they believe they’re going to be hit or suffer bodily harm. The defendant doesn’t need to touch the victim to be accused of assault.
What is Aggravated Assault in Illinois?
Aggravated assault refers to the crime of placing a victim in fear of a battery. Instead of using mere words, the defendant uses a deadly weapon or explosive device. For instance, the defendant allegedly waved a bat around as he placed the victim in fear of a deadly assault. The bat would be considered a deadly weapon. Someone can be charged with this crime if a child or police officer was the victim of an assault.
Assault and Battery Conviction Penalties
An assault is a Class C misdemeanor charge. An assault conviction will result in 30 days in jail and/or a $1,500 fine. An alternative sentence may be community service ranging from 30 to 120 hours. A battery conviction is a Class A misdemeanor. A Class A misdemeanor is punishable by at least one year in county jail and/or $2,500 fine. Aggravated assault is also a Class A misdemeanor. It carries the same criminal sentence as the battery. Depending on the facts of the case, an assault or battery may increase to a felony. A felony is more than one year in state prison. For example, if a person is charged with a Class 2 felony aggravated battery it is 30 years in prison.
Defenses for a Battery or Assault Charge in Illinois
The exact defense to use to challenge the state’s case will depend on the circumstances of the case. Self-defense is one defense to use. Self-defense claims the defendant was defending themselves from harm and the “victim” was the perpetrator. Consent is another defense. It alleges the victim agreed to the battery. Lack of reasonable apprehension is also a defense to assault. This means the victim was in fear of a battery. It’s important to contact a defense lawyer to determine the appropriate defense to use in an assault, aggravated assault or battery charge.