Can You Be Charged With Assault or Battery if the Victim Was Not Injured?

 Posted on October 14, 2024 in Violent Crimes

Assault and battery charges are often associated with an injured victim. When the victim is bruised, bleeding, or has broken bones, it is usually fairly clear to law enforcement that he or she has been battered. However, it is possible to be charged with assault, battery, or both even if the victim is physically unharmed. You do not need to cause real injury to commit an assault or a battery. This type of assault or battery is usually charged as a misdemeanor offense, while a battery involving serious injury is usually charged as a felony. If you are facing assault or battery charges, you need an aggressive Joliet, IL criminal defense attorney to defend you.

Understanding Assault and Battery Charges 

Assault only means causing another person to reasonably believe that you are about to commit a battery against them. This means that you do not even have to touch the victim to be charged with assault. If you did make physical contact with the victim - including causing contact between the victim and an object you were using as a weapon - you would be charged with battery.

There are two ways to commit a battery in Illinois. The first is to cause physical harm to the victim. The other way is to make or cause physical contact with the victim that is insulting or provoking. If the victim was not injured, you are likely being accused of battery by insulting or provoking contact.

Examples of Battery By Offensive Contact

Examples of battery that would not likely involve physical harm include: 

• Spitting on another person. 
• Throwing water or another liquid (that is not hot enough to cause pain or burns) on someone. 
• Hitting someone in the face with a light object, such as a pillow, when you are angry at them.
• Poking a person in the chest during an argument as if ready to instigate a fight.
• Pushing someone lightly enough that he or she does not fall or crash into another object that could hurt him or her. 
• Grabbing a woman’s breasts or buttocks without consent.
• Grabbing onto someone’s clothing and using it to pull him or her towards you.
• The "chest bump" that is often used to signal that a person is ready to fight can be considered a battery in and of itself if the other person has not agreed to physical combat. 

Contact a Joliet, IL Assault and Battery Lawyer 

Law Offices of Jack L. Zaremba, P.C. provides top-quality representation to people facing assault or battery charges. Dedicated Grundy County, IL assault and battery attorney Jack Zaremba has more than 20 years of experience in criminal law. Contact us at 815-740-4025 for a complimentary consultation.