The Difference Between Assault & Battery in Illinois
Being charged with assault or battery in Illinois is punishable by jail time, a fine, and a number of community service hours. If you are suspected of a criminal act, such as assault or battery in Illinois, you should seek help from a criminal defense attorney from the Law Office of Laura Golub and discuss the specifics of your case before presenting your defense or negotiating a penalty. Laura’s consultations are free. Hiring an experienced defense attorney is your best chance to help yourself avoid harsh legal punishments stemming from assault or battery accusations. Before beginning your case, it helps to understand the difference between assault & battery according to Illinois law.
What is Assault in Illinois?
Assault is a Class C misdemeanor. A person commits an assault (720 ILCS 5/12-1) when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery. This is an implied threat of, or an incomplete, battery. Illinois law does not require you to have physically harmed someone to be charged with the crime of assault. The court orders people convicted of assault to perform community service for “not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. Aside from community service, possible punishment can range from no incarceration to a maximum of 30 days, a fine not to exceed $1,500.00, or both a fine and incarceration.
What is Battery in Illinois?
Battery is a Class A misdemeanor. A person commits battery (720 ILCS 5/12-3) if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual. Although battery is a Class A misdemeanor, aggravated battery is a Class 3 felony unless the state prosecutor can elevate the charge. A Class 3 felony may result in a term of imprisonment for two to five years. For a Class 2, Class 1, and Class X felony, the term of imprisonment might increase up to a term of 30 years. If the defendant has one or more prior convictions for the same crime, Illinois may use sentencing enhancement laws to increase the term of imprisonment to a maximum of 60 years, depending on the class of felony.