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What is the Difference Between Assault and Battery in Illinois?

Posted on in Criminal Law

Arlington Heights, IL defense attorney

We have all probably heard the phrase “assault and battery” at some point in our lives. This phrase is used so often that the terms assault and battery tend to be used interchangeably, even though they are different legal concepts that carry different consequences. In Illinois, there are also offenses such as aggravated assault and aggravated battery, which consist of different actions and typically carry more serious punishments. 

If you face an assault or battery charge, understanding the offense and its penalties is the first step in building a solid defense with the help of a skilled criminal defense lawyer.

Assault Charges

Illinois law says a person commits assault when he or she knowingly engages in conduct that gives a person reason to fear bodily harm. Assault is a Class C misdemeanor in Illinois, which means you face up to 30 days in jail and $1,500 in fines.

Aggravated assault can be based on the location where the assault took place, the status of the person assaulted, or the use of a firearm or other weapon during the assault. You could be charged with aggravated assault if you commit the offense on public property, with a firearm, or with a motor vehicle; against a police officer, teacher, or someone with a disability. Aggravated assault can be charged from a Class A misdemeanor to a Class 4 felony, depending on the circumstances.

Battery Charges

Battery is a completed assault, when a person knowingly causes bodily harm to another or makes physical contact in an insulting or provoking manner. Battery is a Class A misdemeanor, meaning you could face up to a year in prison and $2,500 in fines.

Aggravated battery may be based on the type of injury that was inflicted, the status of the victim, the location where the incident took place, or the use of a firearm or other weapon. Aggravated battery can be charged from a Class 3 felony to a Class X felony, depending on the circumstances. This means you could face up to 30 years in prison and $25,000 in fines for the most serious aggravated battery charges.

Contact an Arlington Heights, IL Violent Crimes Defense Lawyer

When it comes to violent crimes such as assault and battery, it is important you understand the potential consequences and the need for adept legal representation. If you face any type of violent crime charge, having an experienced Rolling Meadows, IL criminal defense lawyer by your side is crucial. Scott F. Anderson, Attorney at Law is ready to protect your rights and your future. Call our office today at 847-253-3400 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+12%2C+Subdiv%2E+5&ActID=1876&ChapterID=53&SeqStart=21300000&SeqEnd=23400000

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1999&ChapterID=55

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