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:

 Constitutional Issues

 Defense of Property

 Defense of Others

 Mistaken Identity

 Self Defense

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.