Mount Prospect Assault & Battery Attorneys

An assault or battery charge in Illinois carries many penalties that could upend your life if convicted. If the charge is a misdemeanor, you can receive up to 364 days in jail, and a felony for aggravated battery can result in years in prison. Also, you could face a civil lawsuit from the alleged victim, so these charges require the assistance of a skilled and experienced attorney. The Mount Prospect assault and battery attorneys at Villadonga & Villadonga will safeguard your rights and work to reduce or throw out the charges.

What Is Assault And Battery In Illinois?

Illinois law states that assault occurs when your actions or behaviors lead another party to think they are in danger of battery. Note that there does not have to be physical contact for you to be charged with assault. Battery is when you make an aggressive physical move or cause injury to another person. For example, a push or finger poke can be sufficient for a battery charge.

Assault And Battery Punishments In Illinois

Assault and battery are misdemeanors in this state, and people who commit the crime can get jail time, fines, and possibly community service. You also could have to pay damages to the victim.

If you are convicted of simple assault, a Class C misdemeanor is punishable by up to 30 days in jail and a maximum fine of $1,500. You also may receive 120 hours of community service without jail time. Restitution could be required.

This is a more serious Class A misdemeanor if you are convicted of simple battery. You may get up to one year in prison and a maximum fine of $2,500. Two years of probation and restitution may also be ordered.

Illinois judges can order restitution in assault and battery cases. In addition, if you cause someone bodily harm, you may be required to cover their medical costs and related expenses from the injuries. However, if you are convicted, you could be sentenced to probation instead of jail time for part or all of your sentence. For instance, a battery conviction can get you 30 days in jail and a year of probation.

The judge also may assign community service hours and anger management classes combined with probation. If you violate probation, you can be re-sentenced and you could have to serve the balance of your sentence in jail or state prison.

What Is Aggravated Assault And Battery?

Aggravated assault occurs when the assault involves criteria that are found under Illinois state law. These factors distinguish simple assault from aggravated assault depending on the weapon used, the status of the victim, and where the incident occurred.

For example, if the alleged crime occurred with a weapon that gives the victim the idea their safety is at risk, such as a gun or bat, this is aggravated assault. Also, wielding any deadly weapon, such as a rock or bottle, is enough to result in an aggravated assault charge. Other items that the law views as deadly weapons are rocks, pipes, poison, and knives.

Furthermore, assaulting a disabled person, senior citizen, school worker or law enforcement officer is aggravated assault. Trying to keep a video or audio of the violent incident to make it public also can be aggravated assault.

Regarding battery, the crime can become aggravated battery if the alleged victim has physical injuries or if the crime occurred in certain places. Also, if the alleged victim is in a specific category, it can be aggravated battery. These categories include children, the physically disabled, state workers, teachers, law enforcement, and people over the age of 60.

What If The Contact Was Accidental?

If the contact was really accidental, it is not battery. For instance, if you accidentally step on someone’s foot at the grocery store, it is not battery, even if the person is in pain. This is why people are not usually charged with battery in Illinois car accidents – because it was an accident.

Battery requires an intentional or knowing mental state to cause harm to another person. Reckless conduct has a lesser mental state requirement where the person should have known that their actions could lead to the harm or endangerment of another person.

If you drove recklessly by speeding and weaving in and out of traffic and injured someone, you could be charged with battery, as well, or possibly reckless homicide. After all, most reasonable people would know that such reckless behavior behind the wheel can lead to severe injury.

What Is Domestic Battery?

Domestic battery is similar to conventional battery because each are Class A misdemeanors. However, domestic battery causes injury to a family member or household member.

Before Illinois changed its law, people charged with domestic battery could be eligible for supervision, which is not actually a conviction and thus, you would not need to disclose to an employer if you had been convicted of a crime. Today, someone convicted of domestic battery is ineligible for supervision and will have a conviction for domestic battery permanently on their criminal record.

This change in the law for domestic battery has changed how some attorneys approach these cases. For example, a skilled domestic battery attorney may negotiate with the prosecutor to change the charge to regular battery, which is eligible for supervision.

How To Defend Against Assault & Battery Charges

If you are being prosecuted for assault or battery, it is strongly recommended to fight it. Battery usually involves an incident between two people and if you admit guilt, you open the door to be sued in civil court. Fortunately, there are many ways to defend against this charge, such as proving there was no battery. Or, you may have acted in self-defense, which could be accomplished by plausibly discrediting your accuser.

Contact Our Mount Prospect Assault & Battery Attorneys

If you have been charged with assault or battery in Mount Prospect, it is essential to have legal representation immediately to avoid a conviction. Villadonga & Villadonga is a father-daughter attorney team who can help you build the best defense for your assault and battery charge. Please contact our Mount Prospect assault and battery attorneys today at 847-298-5740.