What Are Assault And Battery Penalties In Illinois?

If you are charged with assault or battery in Illinois, you face a potential jail sentence, fines, and a permanent criminal record. Fortunately, there are robust defenses to Illinois assault and battery charges. Learn more in this article, and speak to our assault and battery lawyers in Mount Prospect to review your legal options.

Illinois Assault And Battery Laws

Illinois law states that someone “commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.” The difference between assault and battery is that in assault there is no physical contact. Assault is the threat of battery.

Assault and battery is a Class C misdemeanor in Illinois and can result in up to 30 days in jail, a maximum $1,500 fine, or both. You also can receive up to two years of probation and not less than 30 hours of community service but not more than 120 hours of community service. You also could be required to pay restitution to the victim. Restitution may include the costs of medical bills related to the injuries and mental healthcare expenses for dealing with the emotional aftermath of the incident and related injuries. Assault can be classified as a misdemeanor or felony depending on the factors surrounding the case.

“A person commits battery 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” is considered battery. This is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $2,500. You also may be required to pay restitution and serve two years of probation. See 720 ILCS 5/12-3 for more information.

What Are Possible Defenses To An Assault And Battery Charge?

There are several possible defenses to an assault or battery charge. The first and most common is self-defense. If you want to claim self-defense, you will usually need to show there was a threat of illegal harm or force against you and you had a legitimate fear of harm. You also must show you did not provoke the other party or threaten harm, and that you did not have a reasonable way to retreat or escape the confrontation.

Another common defense for an assault and battery charge is the defense of others. The only difference from self-defense is that you had a legitimate and perceived fear that someone else would be harmed. You must have reasonable grounds for perceived fear for this defense to be effective.

The next potential defense is that you had the alleged victim’s consent. If the alleged victim consented to the battery, that act cannot be used against you in an assault and battery charge. However, if the extent of the battery exceeds what the victim permitted you to do, it still could provide sufficient grounds for criminal charges. Also, courts typically scrutinize the consent defense closely. The court could find that even if the battery was consented to, it still should be punished by applicable law.

Contact Our Assault And Battery Lawyers In Mount Prospect Now

If you are convicted of a misdemeanor in Illinois, it can stay on your criminal record. If you are convicted of another crime later, the court may consider your previous conviction and give you a harsher punishment. Fighting your assault or battery charge aggressively is imperative from the start. Contact our assault and battery lawyers in Mount Prospect at Villadonga & Villadonga Attorneys at Law at (847) 298-5740 for more information.