What is Assault and Battery in Illinois?

Assault in Illinois is intentional behaviour that reasonably causes a individual to feel afraid of impending violence. Advancing on somebody with clenched or raised fists is a assault. Words alone aren’t an attack in Illinois, however threatening to conquer a person, when said in a menacing or angry way and accompanied by behavior consistent with the danger, is an attack if the words and behavior induce the victim to reasonably believe he is going to be busted or injured.

What is the charge for assault and battery?

Assault

Basically, assault is the danger to commit a battery or a incomplete battery. The crime of assault does not require any physical touching of someone else. It might involve making dangers or chasing after a person in a threatening way. A basic assault charge is typically considered a Class C misdemeanor and carries a possible sentence of 30 days in jail and up to a $1,500 fine.

Aggravated assault is a lot more serious and may result in much stricter penalties. Assault becomes aggravated if a weapon is used, the accused hides their identity in some manner (wearing a mask, hood, or even any other disguise), or the victim is a certain individual, like a cop, security guard, fireman, or even the older, or in a certain location, like a public roadway or playground.

The punishment for aggravated assault is either a Class A misdemeanor, which carries a possible jail sentence of 1 year and fines up to $2,500 or is a Class 4 felony. A felony charge can result in up to 3 years in prison and fines up to $25,000 if the victim is among those designated individuals identified in the statute.

Battery

Unlike assault, battery does require some form of physical touch. This is either physically dangerous or touching that is offensive or provoking, like poking somebody or groping them.

The punishment for simple battery reflects the seriousness of the contact itself, with the typical charge being a Class A misdemeanor carrying a potential sentence of up to a year in jail and fines up to $2,500.

Aggravated battery is the most serious of these offenses , which is charged while the injury caused is good or even a permanent disability/disfigurement outcomes or using a deadly weapon during its commission. Knowingly causing great bodily injury or permanent disability/disfigurement into a unborn child is considered aggravated battery in Illinois.

 This is considered a Class 3 felony and could result in 2-5 years in prison and up to $25,000 in fines.

Neither assault nor battery could be committed by accident. The statute requires that the behavior has been committed either intentionally or knowingly. This means you need to either hurt (or cause injury ) somebody on purpose or perform the damaging or offensive action with complete awareness your actions will likely lead to injury or crime.

There are defenses to the aforementioned crimes which could justify offenders’ actions. These include self-defense, defense of others, and protection of property. Considering the risks of imprisonment and heavy fines, it is important to comprehend the potential effects for all these crimes. Even more important is to seek advice from a qualified Illinois Assault and Battery Attorney to secure your rights if you face these charges.