Domestic violence is a serious systemic issue that has plagued the United States for years. As a response, prosecutors and other law enforcement officials have taken an aggressive approach to combat the issue, but it still remains prevalent in the country. According to data compiled by The National Domestic Violence Hotline, around 29 percent of women and 10 percent of men have reported experiencing rape, physical violence, and/or stalking by an intimate partner. In Illinois, domestic violence is a crime that can be elevated to a felony, depending on the specifics of the case. Felonies are crimes that carry serious consequences, but an experienced domestic violence lawyer can help you form a solid defense.

Misdemeanor Domestic Battery Charges

According to the Illinois Criminal Code, domestic battery occurs when any person knowingly and without justification causes bodily harm to any family or household member or makes physical contact of an insulting or provoking nature. The first instance of this crime is charged as a Class A misdemeanor, which is the most serious classification of a misdemeanor in Illinois. Class A misdemeanors carry up to one year in prison and up to $2,500 in fines.

The coronavirus pandemic has been prevalent in the United States since mid-March, with cases reaching to more than 5.4 million across the country. Some of the only ways that have been shown to reduce the transmission of the virus have been by implementing social distancing measures and mask mandates in public places. There are currently only 34 states that have issued a state-wide mask mandate, though other states have cities that have issued such guidance or require citizens to wear masks while in stores. In recent weeks, there has been an increasing number of disturbing assault and battery incidents across the country related to employees attempting to enforce their company’s mask-wearing guidelines for patrons. In response to this, Illinois has now made it an aggravated battery charge to assault a retail worker for communicating safety restrictions. 

Violent Incidents Are Becoming More Frequent

Just this past week, there were a number of mishaps that took place at retailers and other establishments across the country between employees and customers over face masks. In one incident, a 17-year-old employee of Sesame Place, a children’s theme park outside of Philadelphia, was punched in the face by a man and a woman after the teen reminded them of the park’s mask policy. Other violent incidents include one in which another 17-year-old working as a hostess at Chili’s was assaulted after she informed a party of 13 that they were unable to be seated together because of social distancing guidelines.

The two terms are frequently substituted for each other with regularity, usually by those who do not really know the difference. The fact is, while similar in nature, criminal charges of assault and battery have distinctive differences in how they are applied and eventual consequences.

Differentiating Between the Two

While both may be justified in the case of defending oneself from a perceived threat, and must have occurred in an intentional manner, there are differences that set a charge of assault from that of battery. Here we list a summary intended to better explain the nuances of both criminal charges.

A 22-year-old southwest suburban woman "was charged with drunk driving after she swerved into a Hickory Hills police car that was trying to pull her over and then fled from the scene, leaving behind two officers who were injured and trapped inside their squad car," according to the Chicago Tribune. One of the officers trapped in the car recognized Olivia D. Aguilar, and directed other officers to her home, a Cook County prosecutor told the Tribune. When they got there, "police tracked blood and shoeprints in the snow to Aguilar, who they reported was belligerent and seemed intoxicated," reports the Tribune.

The cruiser that the alleged intoxicated driver slammed into was fully marked. Police first began to pursue Aguilar when they attempted to stop her for driving without headlights, reports the Tribune. Instead of stopping, however, she accelerated and swerved toward them. "The officers had to be extricated from the cruiser and were hospitalized with bruising and swelling," reports the Tribune. Aguilar is currently facing a slew of serious charges, including "aggravated battery, failure to stop after an injury accident, driving under the influence, failure to reduce speed, no proof of insurance, failure to give aid, no headlights, and driving with a suspended license."

According to the Illinois Department of Human Services (DHS), anyone arrested for DUI must undergo "an alcohol and drug evaluation before sentencing." The purpose of the evaluation is to determine the full extend of the defendant’s relationship with drugs or alcohol, "specifically as it relates to driving history." Once the defendant’s risk level (minimal, moderate, significant, or high risk) has been determined, DHS makes a minimum recommendation to the Court or the Office of the Secretary of State.

A recent article in the Chicago Tribune reported that a Palatine man allegedly hit another man with a baseball bat during an argument. Albino Damian-Lopez, 24, turned himself in to Cook County police regarding the incident just one day after fleeing the scene. Lopez has been charged with aggravated battery.

People are sometimes confused about the lines between assault and battery. In addition, some are not sure what makes an assault or battery aggravated. In general, assault is the threat of harm and battery is the action that carries out the threat. For example, if a person lunges at you in a threatening manner and you perceive that they intended to harm you physically, that would be considered assault. Notice in the scenario, that no physical contact was made. If the person struck you after assaulting you, that would be considered battery.

How Does Assault or Battery Become Aggravated?