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 serious charges.
Assault is unique among violent crimes charges in that it is based on perceived 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
Forming a 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 assault page.
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!