There are many different situations in which a person may face criminal charges based on accusations that they have caused harm to others. If a person has been accused of physically attacking or threatening someone else, he or she may face charges of assault. The specific offenses that may apply will depend on the circumstances involved in a case, and the penalties of a conviction can vary significantly. Those involved in these situations will need to understand how the laws apply to them, and they can work with an attorney to determine their best options for defending against these charges.
Illinois Assault and Battery Charges
In Illinois, charges involving the threat of injury or the infliction of bodily harm will generally be divided into two categories (assault and battery) that may be charged together or separately. Battery involves actually causing bodily harm, such as by striking someone hard enough to break the skin or cause bruises, concussions, or fractures. The charge of battery may also apply in situations where a person made physical contact without inflicting injuries if the contact could be considered to be “insulting or provoking,” such as poking someone in the chest or slapping them in the face. Assault charges may apply in situations where a person acted in a way that caused someone to reasonably believe that he or she will suffer battery, such as verbal threats of violence.
A “simple” charge of assault is a Class C misdemeanor. If a person is convicted, he or she may be sentenced to up to 30 days in prison, or receive a sentence of supervision and be required to complete 30 to 120 hours of community service. In certain cases, a person may be charged with aggravated assault based on the location where the alleged assault occurred, the identity of the alleged victim, or the use of a weapon. If an aggravated assault occurs in a public location, at a sports venue, or at a church; if it is committed against a person with a disability, a teacher, or a school employee; or if it involves the use of a deadly weapon other than the discharge of a firearm, a person may be charged with a Class A misdemeanor, and they may be sentenced to up to one year in prison. If aggravated assault is committed against a police officer or involves the discharge of a firearm, a person may be charged with a Class 4 felony and sentenced to one to three years in prison.
Battery is charged as a Class A misdemeanor unless there are aggravating factors that may lead to increased charges. Aggravated battery may involve the infliction of great bodily harm, including injuries that result in permanent disability or disfigurement, or this charge may apply if battery was committed against certain people, such as teachers, school officials, taxi drivers, or nurses. Aggravated battery may be charged as a Class 3 felony, and a person may be sentenced to three to five years in prison. If aggravated battery was committed against a police officer or involved great bodily harm to a person over the age of 60, a person may be charged with a Class 2 felony and sentenced to three to seven years in prison. If aggravated battery involved the discharge of a firearm, a person may be charged with a Class X felony and sentenced to between six and 30 years in prison.
Contact Our Will County Assault and Battery Defense Lawyer
If you have been accused of committing assault or battery, you will need to make sure you take the correct steps to defend against these charges. The Law Offices of Jack L. Zaremba, P.C. can assist with your case, and we will work with you to build the best possible defense strategy. Contact our Joliet criminal defense attorney at 815-740-4025 to arrange a free consultation.