Assault and Battery Law

What is Assault and Battery?

Assault and battery are two distinct but related criminal offenses under Illinois law. Assault (720 ILCS 5/12-1) occurs when a person knowingly engages in conduct that places another in reasonable apprehension of receiving a battery — no physical contact is required. Battery (720 ILCS 5/12-3) occurs when a person knowingly causes bodily harm to another or makes physical contact of an insulting or provoking nature. Simple assault is a Class C misdemeanor, while simple battery is a Class A misdemeanor carrying up to one year in jail and fines up to $2,500. Charges can be elevated to aggravated assault or aggravated battery — which are felonies — based on factors such as use of a weapon, the victim’s status (police officer, teacher, elderly person), or the severity of the injuries inflicted.

Macon County Assault and Battery Lawyers

If you are charged with assault and battery, you need an experienced criminal defense attorney on your side. Our Central Illinois criminal defense lawyers Fallon Conner, Courtney Anderson, Nrupa Patel and Andrew Wessler understand what it takes to defend your rights.

Battery Charges
Battery means an intentional act causing harmful or offensive contact with the “person” of another. The classic example of a battery occurs when a person gets into a fight with another.

A battery is often classified as a misdemeanor, although serious physical harm to another can result in a felony. No matter the classification, a conviction can result in severe consequences.

Assault Charges
Unlike battery, an assault charge does not require that any contact be made between the suspect and the alleged victim. Instead, assault charges arise when the defendant has placed the victim in reasonable apprehension of immediate battery.

Domestic Battery
Domestic battery is a more severe charge than assault and battery. A domestic battery charge means that you are accused of causing bodily harm to a family or household member or that you made physical contact with that person that was of an insulting or provoking nature.

How can a criminal defense lawyer help with an assault and battery case?
A criminal defense lawyer can provide valuable assistance in an assault and battery case in several ways. Some of the ways a criminal defense lawyer can help include:
  1. Explaining the charges and potential consequences: A criminal defense lawyer can explain the charges the defendant is facing, the potential penalties, and the options available for defense.
  2. Investigating the case: A criminal defense lawyer can conduct an investigation into the facts of the case, including interviewing witnesses, reviewing evidence, and gathering information that may help to build a strong defense.
  3. Developing a defense strategy: Based on the facts of the case, a criminal defense lawyer can develop a defense strategy that best suits the defendant’s needs and interests, which may involve challenging the prosecution’s evidence, negotiating a plea bargain, or taking the case to trial.
  4. Representing the defendant in court: A criminal defense lawyer can represent the defendant in court, presenting arguments, questioning witnesses, and advocating for the defendant’s rights and interests.
  5. Negotiating plea bargains: A criminal defense lawyer can negotiate a plea bargain with the prosecution, which may involve a reduction in charges or penalties in exchange for a guilty plea.
  6. Advocating for the defendant’s rights: A criminal defense lawyer can advocate for the defendant’s constitutional rights, including the right to a fair trial, the right to remain silent, and the right to due process.

Overall, a criminal defense lawyer can provide crucial support and guidance in an assault and battery case, ensuring that the defendant’s rights are protected and that the best possible outcome is achieved.

Get Fast and Effective Legal Solutions

If you are charged with assault and battery, you need an experienced criminal defense attorney on your side. Our Central Illinois criminal defense lawyers Fallon Conner, Courtney Anderson, Nrupa Patel and Andrew Wessler understand what it takes to defend your rights.