Category: Assault and Battery
What is assault?
Assault is defined as an intentional, unlawful threat by word or act to do violence to another person coupled with the apparent ability to cause harm. The act must seem to be an imminent threat of violence.
If there is a use of weapon in conjunction with the Assault, it can increase the charge to Aggravated Assault, which is a felony offense.
What is battery?
Battery is defined as actual and intentional touching or striking of another person against their will or intentionally causing bodily harm to another person.
If serious bodily injury occurs, a weapon is used, or if the victim is pregnant, the charge can be enhanced to Aggravated Battery, which is a felony offense.
What are the possible defenses?
There are potential defenses that can be used if you are charged with assault and battery. These defenses include, but are not limited to:
Defense of Property
Defense of Others
What if you are convicted of assault and battery?
Both assault and battery offenses can be charged as either felonies or misdemeanors. If you are convicted of assault and battery, you may have to face the following challenges:
Be required to attend anger management counseling
Be required to attend substance-abuse treatment
Be required to pay restitution
Be required to perform community service
Be subject to random drug testing
Face jail or prison time
Face probation and/or community control
Have a permanent criminal record
Have your employment or military service status negatively affected
What should you do?
The timeframe from when you arrested to when the prosecutor’s office decides to file a criminal charge against you is very small. Therefore, it is in your best interest to hire a Chicago criminal defense attorney immediately to negotiate on your behalf in order for you to have the best chance of avoiding any criminal charges.