When Can You Be Charged with Assault or Battery in Illinois?

Sometimes arguments go beyond mere words and things get physical. When this happens, it could lead to more than just injuries — it could lead to assault and battery charges. The following is a brief overview of the types of assault and battery crimes in Illinois.

Battery

There are two types of actions that can lead to charges of battery. First, there must be conduct that caused physical injury to another person. Alternatively, battery is committed when one person has insulting, provocative or unwanted physical contact with someone else. Battery is a Class A misdemeanor. However, if circumstances warrant a charge of aggravated battery, this could be a Class 3 felony.

Assault and aggravated assault

Under Illinois law, assault is committed when conduct takes place that puts a person in reasonable apprehension that they will be the victim of battery. Assault in general means that no physical contact was committed. Assault is a Class C misdemeanor in Illinois.

However, assault charges could be raised to aggravated assault charges if there was the threat of severe injury or a deadly weapon was at issue. Aggravated assault can be prosecuted as a Class A misdemeanor or a Class 4 felony depending on the circumstances.

Seek assistance if you are charged with assault or battery

Sometimes arguments or altercations get out of hand, and before we know it, things are getting physical. A conviction of assault could lead to a fine of $1,500, 30 days in jail or both. A conviction of battery could lead to even steeper penalties, including a prison term of up to 30 years in certain circumstances. If you are facing charges of assault, aggravated assault, battery or aggravated battery it is important to seek legal advice, which this post does not provide.