Talk to an Experienced Arlington Heights Assault and Battery Defense Attorney Right Away to Help You Seek the Best Result Possible for Your Case
The terms “assault” and “battery” do not mean the same thing. A knowledgeable assault and battery defense lawyer would explain, assault and battery in Illinois are separate criminal offenses, even though the terms are often used together as though one crime. However you refer to the offense, assault and battery charges must be taken seriously. Otherwise, you could suffer harsh penalties, such as incarceration, fines, probation, and mandatory community service.
Would you know where to turn for legal assistance if police arrested you for assault and battery? Arlington Heights assault and battery defense attorney Anisa Jordan can put her experience and skill to work for you. As a former prosecutor with a wealth of courtroom experience, Anisa Jordan understands what is at stake for you. Therefore, she will do everything she can to protect your rights and achieve the best possible outcome.
What Does Assault and Battery Mean?
Illinois statutes define the terms “assault” and “battery.” Let’s take a closer look at what the crimes entail and the potential punishments involved.
Assault
In Illinois, an assault is conduct that places another person in “reasonable apprehension of fear” of suffering a battery. An experienced Arlington Heights lawyer will explain that reasonable apprehension of fear means that the alleged victim was subjectively afraid of getting struck or injured by another. This crime is sometimes called “simple assault.”
Two examples might help explain what reasonable apprehension of fear means. For instance, a person could face an assault charge for holding up a fist while verbally threatening another in circumstances which would lead a reasonable person to believe the other was about to hit them. An assault could also occur when a person throws a punch but misses and the intended victim believes that they were in danger of getting hit.
Simple assault is a Class C misdemeanor. The maximum penalty is 30 days in jail. However, the judge could put you on probation for up to two years. Also, the sentencing judge must order you to perform community service for a minimum of 30 hours, up to a maximum of 120 hours if the judge does not sentence you to jail.
Aggravated Assault
Aggravated assault can occur based on the location of the unlawful conduct, the status of the alleged victim, or the circumstances of the assault.
A simple assault becomes an aggravated assault when the assault occurs:
- On a public way;
- On public property;
- At a place of public accommodation;
- At a house of worship;
- At a place of amusement; or
- At a sports venue.
The status of the alleged victim also elevates a simple assault to an aggravated assault. An aggravated assault based on the status on the victim involves an assault on:
- A person with a physical disability;
- A person aged 60 or older;
- A teacher while on school grounds;
- A park employee while working at a park;
- A community policing volunteer, security guard, or utility worker while in the performance of their duties; or
- A police officer, firefighter, correctional officer, state employee, sports official, transit official, or process server in the commission of their respective duties.
Aggravated assault can also occur by means of a firearm and while driving an automobile. The possible sentences range from a Class A misdemeanor to a Class 3 felony.
Battery
In Illinois, a battery occurs when a person touches another person and causes bodily harm. Additionally, you could face battery charges if someone complained that you touched that person in an insulting or provoking manner. This is known as a simple battery. A simple battery is a Class A misdemeanor. The maximum sentence for a Class A misdemeanor is one year in jail along with a fine up to $2,500.
Aggravated Battery
Aggravated battery in Illinois is a serious offense. A person may be charged with aggravated battery in Illinois if:
- The person discharged a firearm, striking the victim;
- Caused serious bodily injury, permanent disability, or disfigurement using chemicals, a caustic substance, or a radioactive substance;
- Caused great bodily harm, permanent disability, or disfigurement to a police officer, volunteer safety official, firefighter, or correctional officer in the performance of their duties;
- Injured a child with an intellectual disability;
- Caused a serious bodily injury in a domestic dispute;
- Committed the offense in a specific location listed in the Illinois statute;
- Committed the offense against a particular type of victim listed in the statute; or
- Injured another with a drug or other substance.
Aggravated battery can be as serious as a Class 1 felony up to a Class X felony with minimum mandatory prison sentences.
Arlington Heights Assault and Battery Defenses
A person who touches another purely accidentally is not guilty of battery. Additionally, a person charged with assault or battery could assert their right to self-defense. Other defenses may include defense of another or mistaken identity.
A skilled Arlington Heights assault & battery lawyer will analyze your case thoroughly and help you identify the best defense for you. Remember that each case is different. Thus, you should have a reputable Arlington Heights assault and battery defense lawyer examine all the facts before deciding on the best defense for you.
Experience, Skill, and Aggressive Representation When You Need It Most
An assault & battery charge is no trivial matter. A conviction could have life-changing consequences.
Our experienced lawyer also handles other cases, including:
Contact Arlington Heights assault & battery attorney Anisa Jordan at The Jordan Law Firm today at 312-380-9221 to discuss your options. Time is of the essence. Waiting to see what happens could only hurt your chances of achieving the best outcome for you.
