What Is the Difference Between Illinois Assault and Battery Charges?

 Posted on November 12, 2019 in Violent Crimes

Some of the most common violent crimes in Illinois and throughout the United States are assault and battery charges. Statistics show that in 2017, there were an estimated 810,825 aggravated assaults in the United States. Although people often use these terms interchangeably in everyday conversation, they cannot be misused in the criminal justice realm. If you have suffered from a violent crime, it is important to understand how you have been victimized.

Assault and Aggravated Assault

In Illinois, a person can be guilty of assault if he or she knowingly engages in conduct that would lead another person to believe that physical harm could result. This means that contact does not have to be made for assault to be charged. For example, a verbal threat or a simple fist-raising can be enough to initiate an assault claim.

Although assault is classified as a misdemeanor crime, aggravated assault can be charged as a felony if certain factors are present. For example, the victim’s age and occupation could lead to penalties being more severe. In addition, the location of the assault can also increase the charges to aggravated assault. Locations such as a sports venue, public way, or public place of amusement or accommodation can all lead to aggravated assault charges.

Furthermore, if the offender uses a firearm, deadly weapon, or an object appearing to be a weapon, the charge can be elevated to aggravated assault.

Battery and Aggravated Battery

Battery occurs when a person either causes bodily harm or makes physical contact of an insulting or provoking nature to another individual. Since battery is considered to be a completed form of assault, prosecutors will often charge a person with both assault and battery.

Aggravated battery, on the other hand, can occur in a multitude of different ways. If the offender causes great bodily harm, permanent disability, or disfigurement, the charge may likely become aggravated battery.

Similar to aggravated assault, battery can also become aggravated battery based on the status of the victim or the use of a firearm or other weapon. Battery of a police officer, child, nurse, teacher, state employee, a person over the age of 60, or any person with a disability can all lead to an aggravated battery charge. 

Contact a DuPage County Criminal Defense Attorney

If you or someone you know has been charged with a form of assault or battery, you need professional legal guidance. That is why it is important to contact a knowledgeable Wheaton, IL violent crimes defense lawyer as soon as possible. At the Davi Law Group, LLC, we have helped numerous clients understand their options when faced with assault and battery charges. Call our office today at 630-580-6373 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

https://ucr.fbi.gov/crime-in-the-u.s/2017/crime-in-the-u.s.-2017/topic-pages/aggravated-assault