The Differences Between Assault and Battery in Illinois

 Posted on April 13, 2019 in Uncategorized

Most people are not familiar with the criminal justice system. Often, the first exposure people do have with the criminal justice system is when they get themselves into trouble. Most people’s knowledge about the criminal justice system, crimes and punishments comes from what they see and hear on television and movies and what they read in news stories about crime. This can lead to much confusion about what actually constitutes specific crimes and how they are prosecuted. Assault and battery are two separate crimes that many people often confuse for one another, as their definition can differ depending on the state bringing the charges. If you have been charged with assault, battery or both in Illinois, it is important that you understand what these crimes are and what kind of punishments they may result in.

Assault Charges

According to Illinois law, assault occurs when a person knowingly engages in conduct which places another person in apprehension of receiving a battery. Basically, assault occurs when a person makes another person reasonably believe that they will be physically harmed. Assault is a Class C misdemeanor when it is basic assault, though the charges can increase up to a Class 3 felony for aggravated assault. This means that you could face up to 30 days in prison and up to $1,500 in fines for “regular” assault. If the judge does not sentence you to incarceration, you could be required to serve between 30 and 120 hours of community service.

What is Battery?

Battery occurs when a person knowingly and unlawfully causes physical harm to another person or makes physical contact of an insulting or provoking nature. For basic battery, it is a Class A misdemeanor, meaning you could face up to a year in prison and up to $2,500 in fines. Aggravated battery can be sought if certain conditions apply and charges can go up to a Class X felony in serious situations. This means you could face up to 30 years in prison and $25,000 in fines for aggravated battery.

Our Joliet Violent Crimes Defense Attorney Can Help

Assault and battery are two crimes that are taken seriously because of their violent nature. Thankfully, there are defenses to these crimes that can help to reduce the severity of your punishment or drop the charges completely. If you have been accused of assault or battery, hiring a skilled Will County violent crimes defense lawyer is your best bet at a favorable outcome. At the Law Offices of Jack L. Zaremba, P.C., we will try our best to reduce the charges, keep you out of jail and avoid a conviction at all costs. Call our office today at 815-740-4025 to schedule a free consultation.