Champaign County, Illinois Assault and Battery Lawyer
Illinois makes it illegal to strike or touch a person without their consent. It is also a crime to put them in fear of being hit, even if you never make contact.
This is the law of assault and battery. Although many people think assault and battery are the same things, they are distinct crimes in our penal code. Either charge can result in stiff penalties, so reaching out to a Champaign County, Illinois assault and battery lawyer is your best bet for maintaining your freedom.
Assault in Illinois
A defendant faces assault charges when without lawful authority, they intentionally or knowingly place another person in fear of suffering bodily harm or insulting physical contact. There is no requirement that the defendant actually goes through and makes physical contact—the fear alone is enough for the crime to occur.
If convicted, a defendant can face a maximum punishment of:
- 30 days in jail
- Two years on probation
- $1,500 fine
- 120 hours of community service
In some situations, assault is aggravated, which makes it a more serious offense. Essentially aggravated assault includes at least one aggravating factor:
- Using a deadly weapon
- Discharging a firearm
- Concealing your identity
- Assaulting emergency services personnel, teachers, public transportation employees, park district employees, or teachers
- Assaulting someone 60 or older or someone who is handicapped
Aggravated assault can be charged as a Class A misdemeanor or a Class 3 or 4 felony. The most serious charge (Class 3 Felony) can result in a maximum of five years in prison and a maximum $25,000 fine.
Battery in Illinois
A defendant can face battery charges if they cause bodily harm or insulting physical contact intentionally or knowingly, and without legal justification. Here, physical contact is required (unlike with assault).
Battery is charged as a Class A misdemeanor, which carries as penalties up to a year in jail, two years of supervision, and a $2,500 fine.
Sometimes battery is aggravated. The aggravating factors are usually based on the seriousness of the injuries, the identity of the victim, or the location of the battery. You could face aggravated battery for all the similar reasons as aggravated assault listed above.
Aggravated battery is usually a Class 3 felony charge, with 2-5 years in prison and a $25,000 fine. However, aggravated battery can also be charged as a Class 2, Class 1, or Class X felony depending on the circumstances. The most serious charge (Class X) can net you up to 30 years in prison, along with fines.
We Can Defend Assault & Battery Charges in Champaign County
Patel Law understands criminal law inside and out and can raise appropriate defenses based on the circumstances. For example, you might have assaulted or battered someone in self-defense or to protect another person who was being attacked. These actions make you a hero, not a criminal.
In other situations, police might have identified the wrong person or there is reasonable doubt that you committed all elements of the offense. Let us get started on your defense by calling our Champaign County, Illinois assault and battery lawyers to review your case.
