Understanding Assault and Battery in Illinois

 Posted on June 16, 2023 in Criminal Law

Assault and battery are two separate but related crimes in Illinois. While both fall under the category of violent crimes, they differ significantly for residents of Illinois. If you have been charged with assault, battery, or both, contact a criminal defense lawyer as soon as possible since violent crimes of this nature are prosecuted aggressively.

Assault and Battery Definitions in Illinois 

In Illinois, an assault occurs when one person puts another person in reasonable apprehension of either harmful or offensive contact. Therefore, for an action to constitute assault, a perpetrator’s conduct, like an action, word, or gesture, must intend to cause fear or panic in the targeted individual. Meanwhile, a battery occurs when one person causes bodily harm to another through offensive or harmful contact. 

What is the Distinction Between the Two Crimes?

The distinction between the two crimes is that an assault can occur without any contact or physical harm to another person, while a battery requires physical contact. 

For example, let us say that you are in a bar one night and get into a verbal altercation with another patron. As the verbal bickering escalates, you threaten to punch the person in the face. In this instance, you may have committed assault because of the warning of physical contact you issued to the other person. Whether you end up hitting them or not does not matter when it comes to assault. To secure an assault conviction, all that needs to be proven is that, by your words and actions, a reasonable person could have feared receiving a battery.

On the other hand, let us say that in that same scenario, you skip the threats and proceed to punch the other person in the face. In this case, you have committed battery since you made actual physical contact with the other person.

Do Any Defense Strategies Exist for Assault and Battery?

When facing assault and battery charges in Illinois, there are several defense strategies an individual can use to mitigate the charges. These include self-defense, defense of others, property, or involuntary actions. Lack of intent or mistaken identity may also be used as a defense strategy. Hiring legal counsel is essential to ensure you can build a strong defense.

Contact an Orland Park, IL Criminal Defense Attorney

For experienced and reliable representation, contact the established Orland Park, IL criminal defense lawyer with Issa Law, LLC. Call 708-966-2408 for a free consultation. 

Source:

https://www.law.cornell.edu/wex/assault 

https://www.law.cornell.edu/wex/battery