Understanding Your Illinois Assault Charges

 Posted on September 02, 2022 in Criminal Law

On its face, the crime of assault seems very simple. Most people think of assault as almost synonymous with “attack,” when it really is not. Some people are perplexed when they learn that they have been charged with assault due to this confusion. We frequently hear defendants wonder why they are facing assault charges because they did not hit, push, or even make physical contact with another person. Hitting, pushing, or purposely injuring someone would fall under the umbrella of “battery.” “Assault” on the other hand, simply refers to the act of making someone believe that you are about to commit battery. You should also know that the definition of batter is not as limited as you may believe. If you are facing battery or assault charges in Illinois, it is important that you take the matter very seriously and find a criminal defense attorney. 

Defining Battery in Illinois

When laypeople think of assault, they are often actually thinking of battery. The confusion may be caused in part by the fact that both offenses are frequently charged together because they often occur in the same course of action. 

Criminal battery in Illinois means causing physical contact with someone that is painful, causes injury (including bruising or scraping), or is provoking or insulting. Slapping someone would be a simple example of a battery. The contact does not need to be directly between you and the victim - hitting someone with a stick or yanking on their clothing would also be batteries. However, poking someone in the chest to provoke them or forcefully grabbing and kissing someone would also be batteries. 

Then What Does Assault Mean?

Assault is the act of causing someone to believe that you are about to commit a battery against them. Note that you do not need to follow through with committing the battery to be charged with and convicted of assault. Simply charging toward someone with your fist raised could be an assault, even if you put your fist down and walk away laughing. 

However, if you do follow through with the battery, you can be charged with both assault and battery. These charges commonly accompany one another. In many cases, an attorney can work to have one of these closely-related charges eliminated. This is just one possible defense strategy that your lawyer may employ in your case. 

Call a DuPage County Battery & Assault Lawyer

Davi Law Group, LLC can fight to have your charges reduced or eliminated. Our skilled Wheaton battery and assault attorneys will work with you to develop the strategy most likely to be effective in your case. Call 630-580-6373 for a free consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/documents/072000050K12-1.htm