Differences between Assault and Battery Charges

Differences between Assault and Battery Charges

According to the Illinois Criminal Code, assault and battery are two different entities so there is no such thing as an ‘assault and battery’ offense. The Code divides crimes into two (2) sections:

1. Offenses directed against property (such as robbery and arson).
2. Offenses directed against individuals (such as kidnapping and homicide).

Out of these two, assault and battery are the latter – since both cause bodily harm.

According to the Code, an assault is characterized by any action involving conduct that places another person in danger of receiving battery. It can be a direct or an indirect threat of receiving a complete or an incomplete battery.

A battery is an action that is committed by someone to cause bodily harm to another or which involves physical contact, which is meant to insult or provoke another. To be deemed a criminal act, the person committing the battery must be doing so intentionally or knowingly. The intent is key here, so you cannot charge someone with battery if they accidentally bumped into you.

Penalties for Assault and Battery

Assault is a Class C misdemeanour and anyone who is convicted of it can face 30 days in jail and will have to pay a fine amounting to $1,500. After getting out of jail, they will have to spend two (2) years in probation and if they are not imprisoned, they may have to do 20 to 120 hours of community service.

Battery is classified as a Class A misdemeanour and anyone who is convicted of it can spend one (1) year in prison and will have to pay a fine of about $2,500. They will also have to spend two (2) years on probation after getting out jail.

Whether you are convicted or assault or battery in Illinois, you must pay restitution by reimbursing the victim for any expenses that resulted from the crime. This includes expenses for medical treatment and property replacement.

If you are looking for an attorney who can represent you for an assault and battery charge in court aggressively, get in touch with the law firm of Michael D. Ettinger & Associates today. The three attorneys at the firm are well-known for providing proactive counselling that is customized for each client and designed to prevent disputes. The firm is also known for handling a range of civil and criminal matters.