Assault and Battery are similar crimes, but both have distinct definitions in the state of Illinois. Because Illinois law defines assault as “conduct which places another person in reasonable apprehension of receiving a battery,” one must understand both definitions in order to have a full grasp of assault and battery. Battery is committed when a person “knowingly causes bodily harm to an individual or makes contact of an insulating or provoking nature with an individual.” Both assault and battery are usually classified as a misdemeanor offense, but each can be upgraded to an “aggravated” charge depending on the circumstances.
Definition of Aggravated Assault in Illinois
Aggravated assault occurs when:
- A firearm or other deadly weapon, such as a vehicle, is used.
- A hood, robe, or mask is used to veil his or her identity.
- The victim is a police officer, fireman, teacher, sports official, government employee, security officer, public transit worker, or a health and family services employee. The elderly and handicapped also fall under the list of designated individuals.
Aggravated Battery in Illinois
Aggravated battery occurs when:
- A firearm is used during the alleged battery.
- The victim suffers great bodily harm and/or permanent disability.
Penalties and Sentences
Assault is classified as a Class C misdemeanor. It is punishable by up to 30 days in jail and up to $1,500 in fines. Additionally, if you are convicted of assault, you will be required to complete between 30 and 120 hours of community service.
Aggravated assault is generally classified as a Class A misdemeanor, which is punishable by up to one year in jail and up to $2,500 in fines. If the aggravated assault occurs against a law enforcement or correctional employee, it may be upgraded to a Class 4 felony. Class 4 felonies are punishable by up to three years in jail and up to $25,000 in fines.
Battery is classified as a Class A misdemeanor, which is punishable by up to one year in jail and up to $2,500 in fines.
Aggravated battery is generally classified as a Class 3 felony unless the prosecutor elevates the charge. Under Illinois law, a Class 3 felony carries a potential 2-5 years in prison up to $25,000 in fines.
Long-term probation is common in lieu of imprisonment in most assault and battery cases.
Assault & Battery Defense Lawyer
There are many ways to fight an assault or battery charge. Self-defense or property defense are two of the more common defenses, but there are other ways to fight an assault or battery charge. If you or someone you know has been charged with assault or battery, do not hesitate to call our attorneys now. You need experienced and passionate advocates who will fight for you and your family.