While assault and battery are often paired as charges, they are actually
separate crimes, each with their own implications and consequences. On
its own, assault implies the threat of harm, whether or not an act of
violence actually occurred; battery, on the other hand, implies that an
act of physical violence took place. Knowing the difference between these
charges and the evidence required by each is key to making headway against
Assault is unique among violent crimes charges in that it is based on
risk. To be charged with assault, you must knowingly act in such a way that
another person feels reasonably afraid for their physical safety.
In other words, you don’t have to actually harm someone else to face
criminal charges. An assault charge can be elevated to aggravated assault if the offense
involves certain weapons, intent, or location.
To constitute aggravated assault, an offense must involve one of the following:
- A deadly weapon
- Any fake firearm that looks real
- Threatening use of a vehicle
- A video or audio recording of the assault
- A disguise, such as a hood
- Protected individuals
- Public property
criminal defense against assault charges can be quite the challenge, as these offenses
are often based on eyewitness testimony with little physical evidence
to support the charges. Work with an experienced criminal defense attorney
to ensure that you are prepared to face up against prosecution in an assault
case. Learn more about these charges and your options for defense by visiting our
Battery Laws in IL
When someone causes another person bodily harm or participates in an unwanted
physical activity that belittles or provokes them, they may be found guilty of
battery. Like assault, most battery charges are misdemeanors. Aggravated battery,
however, is a felony offense that can result in much tougher sentencing.
Many of the same factors that lead to aggravated assault charges may also
apply to aggravated battery cases.
Additionally, each of the following constitutes aggravated battery:
- Intentionally causing permanent or severe bodily harm
- Using a firearm and/or a laser device on the firearm
- Knowingly harming an unborn child
- Strangling or suffocating another person
- Forcing another person to consume harmful substances
- Consecutive domestic battery offenses
Start Building Your Defense in a Free Consultation
Violent crimes involve complex evidence and serious consequences. To combat such charges
requires an extensive knowledge of courtroom strategies and the types
of evidence used by prosecution. Whether you were accused of assault,
battery, or both, you can't afford to face your charges without an
experienced criminal defense lawyer. Come to the Law Offices of Mitch
Furman to benefit from more than a decade of successful legal representation!
Start your case today! Call (312) 651-4206 to
schedule a free consultation with Chicago Criminal Defense Attorney Mitch Furman!