Search
Facebook Twitter Google Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for the ‘Assault & Battery’ Category

What is the Difference Between Assault and Battery?

April 5th, 2018 at 5:40 pm

assault and battery, Rolling Meadows defense attorney, aggravated assault, Illinois criminal law, aggravated battery chargeIf you watch any crime television show, it seems like the words assault and battery are always used at the same time, interchangeably. However, these are different crimes with different definitions and characteristics. Knowing the difference between the two is essential if you are charged with one or both of these crimes.

Battery

Illinois law defines battery as causing bodily harm to another or making physical contact that is insulting or provoking to another. The perpetrator must know that he or she is causing the offensive touching and has no legal basis in which to do so.

The most common form of battery is hitting, bunching, or otherwise engaging in harmful physical contact with another. However, a battery can also be an offensive touching to another—physically ripping a purse from someone. The purse is considered an extension of the person who was battered.

Not only can one face a battery charge, but also an aggravated battery charge. Aggravated battery is when a person, while committing a battery:

  1. Causes great bodily harm, permanent disability, or permanent disfigurement;
  2. Uses a caustic or flammable substance, poisonous gas, biological agent, chemical agent, explosive, or radioactive substance to cause severe bodily harm;
  3. Causes great bodily harm to an officer or fireman;
  4. Causes great bodily harm or disfigurement to someone that is over the age of 60; or
  5. Strangles another person.

Assault

Illinois law says that an assault occurs when someone knowingly places another in “reasonable apprehension of receiving a battery.” Essentially, it is a battery without the touching requirement. The victim must be placed in reasonable apprehension that there is imminent violence coming. An example is someone who is visibly upset and looks like he or she is going to hit or strike another person. Signs of an “imminent threat” could be the hands going into a fist, raising the fist as if to strike another, or even saying something in a menacing manner that leads another to reasonably think they are in danger.

Just like battery, there is also a situation in which an aggravated assault can occur. An aggravated assault can be:

  1. Assaulting someone in a public place or way;
  2. Assaulting someone who is disabled, a teacher or school employee on school property, park district employees, a peace officer, community policing volunteers, correctional officers, an employee of the state, and other individuals;
  3. Discharging a firearm from a car;
  4. Concealing identity with the use of a hood or robe;
  5. Flashing a laser gun at another or in their vicinity;
  6. Using a firearm against an officer;
  7. Operating a vehicle in a way that makes another think they are in danger of being struck by the car; or
  8. Placing a passenger in danger with your driving.

Contact Us Today for Help

If you have been charged with assault, battery, or both, contact the office of talented Rolling Meadows criminal defense attorney Christopher M. Cosley. Our legal team will defend you with the requisite skill and knowledge. Contact us today to find out how we can help you.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+12%2C+Subdiv%2E+5&ActID=1876&ChapterID=53&SeqStart=21300000&SeqEnd=23400000

Assault and Battery Defined

March 2nd, 2018 at 1:48 pm

aggravated battery, assault and battery, battery convictions, Class C misdemeanor, Rolling Meadows criminal defense attorneyWhen people hear the term “assault and battery,” they often think of one crime. Assault and battery, however, are two separate crimes under Illinois law. They are related, but still different.

Assault differs from battery in that it is psychological. It usually happens in anticipation of  battery. Assault refers to a threat that can be verbal or physical in nature. For example, if you threaten to kill someone, that can be considered assault. If you swing a bat at someone to scare him or her, but do not make contact,  you can then be accused of assault, but not battery.

Battery involves some form of physical contact. It is a broad term that can mean anything from an unwanted hug to a punch in the face. It can also involve getting hit by an object or getting harmed by a firearm. Determining whether or not an incident should be considered battery can be confusing, though. The actual physical contact must be intentional, but the harmful nature does not have to be. Even poisoning someone’s food or blowing smoke in someone’s face can be considered battery.

Assault and battery do not have to co-exist. There can be assault without battery, and likewise, there can be battery without assault. However, to convict a person of battery, the prosecutor must prove that the person caused bodily harm to the victim or that he or she engaged in provocative or unwanted physical contact.

Assault and Battery Penalties

Under Illinois law, assault is classified as a Class C misdemeanor. The penalties include a fine of $1,500 and 30 days in jail. Community service may also be ordered.

When the assault results in severe bodily injury, disfigurement, disability, or death, the charge is elevated to aggravated assault. This can result in a Class 4 felony, which is punishable by 1-3 years in prison and a $25,000 fine.

Battery is classified as a Class A misdemeanor. It is punishable by a $2,500 fine and one year in prison. Aggravated battery can result in 2-5 years in prison and a $25,000 fine.

Most misdemeanor assault and battery convictions are punished by probation rather than imprisonment. Probation typically is not an option for felony charges, however.

Contact a Local Criminal Defense Lawyer for Assistance

While assault and battery charges are often misdemeanors, you could face felony charges in extreme cases. A felony can result in fines and prison time, and can additionallyaffect you for the rest of your life.

If you are facing assault and battery charges, seek legal help right away. The Law Offices of Christopher M. Cosley can defend your case. Skilled Rolling Meadows criminal defense attorney Christopher Cosley will do what it takes to help you avoid a conviction.

Source:

https://www.psychologytoday.com/blog/so-sue-me/201504/the-difference-between-assault-and-battery

What Are the Penalties for Battery in Illinois?

November 20th, 2017 at 9:32 am

aggravated battery, aggravated domestic battery, battery, domestic battery, penalties for batteryBattery, unlawfully and knowingly causing physical bodily harm to someone else or making physical contact of a provoking or insulting nature with the person of another, is a serious criminal offense in the state of Illinois. Moreover, battery is punished in a variety of different ways—the severity of which depends on the circumstances surrounding the battery and the type of battery with which the offender is charged. 

Battery & Aggravated Battery

Battery as defined in code section 720 ILCS 5/12-3 is a Class A misdemeanor that is punishable by up to one year in prison and a fine of up to $2,500. However, in some instances, those convicted of battery will instead be sentenced to probation rather than imprisonment and be required to attend counseling and/or engage in a set amount of community service.

Additionally, if the offender is convicted of aggravated battery under code section 720 ILCS 5/12-3.05, then he or she can be punished in any of the following ways, depending on the severity of the aggravating factors present:

  • Class 3 felony: Punishable by up to five years in prison and a $25,000 fine;
  • Class 2 felony: Punishable by up to seven years in prison and a $25,000 fine;
  • Class 1 felony: Punishable by up to 15 years in prison and a $25,000 fine; and
  • Class X felony: Punishable by up to 60 years in prison and a $25,000 fine.

Battery of an Unborn Child & Aggravated Battery of an Unborn Child

An offender who knowingly and without legal justification causes physical harm to an unborn child and is convicted of battery of an unborn child in Illinois under code section 720 ILCS 5/12-3.1, is guilty of a Class A misdemeanor, and can be sentenced to serve up to one year in prison and to pay a fine of up to $2,5000.

However, if the offender knowingly caused great bodily harm to the unborn child, then he/ or she can be convicted of aggravated battery of an unborn child, which is a Class 2 felony, and sentenced to serve up seven years in prison and pay up to $25,000 in fines.

Domestic Battery & Aggravated Domestic Battery

Domestic battery occurs in Illinois when an individual knowingly and without legal justification physically harms or makes physical contact of a provoking or offensive nature with a household or family member and is generally classified as a Class A misdemeanor. Domestic battery is punishable by up to one year in prison and a fine of up to $2,500. 720 ILCS 5/12-3.2.

However, domestic battery can constitute a Class 4 felony under some circumstances—for example, if the offender was previously convicted of domestic battery, violating a protective order, or a serious violent crime such as first degree murder, etc.—and is punishable by imprisonment for up to one year. Additionally, aggravated domestic battery in Illinois is a Class 2 felony that is punishable by up to seven years in prison and a fine of up to $25,000.

Charged with Battery? Contact a Local Criminal Defense Lawyer Today

No matter which type of battery you have been charged with in Illinois, it is important that you take the allegations that have been levied against you seriously and consult with a skilled Rolling Meadows criminal defense lawyer about your legal options without delay. At The Law Offices of Christopher M. Cosley, we offer a free initial consultation to prospective clients and would be happy to meet with you.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqEnd=23000000&SeqStart=21100000

Domestic Battery: When Does Disciplining a Child Become Abuse?

August 17th, 2017 at 4:52 pm

child abuse, domestic battery, Rolling Meadows domestic battery defense attorney, corporal punishment, physical disciplineThere is great debate these days among parenting “experts” about whether or not children should be physically disciplined when they misbehave. Some think that children should never be physically reprimanded, others believe in spanking, and some feel that more violent forms of punishment (such as hitting a child with a stick or whipping them with a belt) is permissible.

Regardless of how you feel about corporal punishment as a parenting technique, it is critical that every parent in Illinois understands the legal line that our state has drawn between physical discipline and child abuse. It should be noted that this line is not as clear-cut as you might expect; however, this article explores the legal distinction between physical discipline and abuse according to Illinois law.

The Legal Line Between Physical Discipline and Abuse

The Appellate Court of Illinois held in In re F.W. that parents in our state have the right to physically discipline their children. However, a parent’s right to physically discipline his or her child is not unlimited.

Under code section 705 ILCS 405/2-3(2)(v) physical punishment of a child becomes abuse if the corporal punishment inflicted is “excessive.” But how are we to know when physical punishment becomes excessive? Unfortunately, the statute does not explain what constitutes excessive corporal punishment. However the Illinois State Bar Association notes that based on the applicable case law Illinois courts consider the following factors when determining whether or not a particular instance of physical discipline was excessive:

  • Injuries sustained by the child;
  • Any psychological issues exhibited by the child that can be attributed to the incident;
  • What part of the child’s body was affected;
  • The likelihood that excessive corporal punishment will be administered in the future;
  • The danger of further mental trauma or bodily harm;
  • How old the child is;
  • The purpose of the punishment;
  • The general reasonableness of the act; and
  • Any other information relevant to the case.

Child Abuse Penalties

If an Illinois court finds that a parent did in fact inflict excessive corporal punishment on his or her child that parent may face the penalties associated with a Class 1, Class 2, or Class 3 felony offense.

Have You Been Accused of Committing Child Abuse in Illinois?

As you can see, the line between permissible corporal punishment and child abuse in Illinois is not crystal clear. Therefore, if you have been accused of committing child abuse in Illinois, it is critical that you retain an experienced Rolling Meadows domestic battery defense attorney without delay. Having an excellent defense attorney fighting for you can make all the difference in cases like these where both sides of the aisle will be presenting evidence arguing whether or not the corporal punishment inflicted was “excessive.” To schedule an initial consultation with one of the exceptional criminal defense lawyers of The Law Offices of Christopher M. Cosley, contact our Rolling Meadows office today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1863&ChapterID=50&SeqStart=2300000&SeqEnd=6700000

https://www.isba.org/sites/default/files/sections/childlaw/newsletter/Child%20Law%20April%202015.pdf

The Difference Between an Assault Charge and a Battery Charge

June 12th, 2017 at 12:33 pm

assault and battery, assault charge, battery charges, Rolling Meadows criminal defense attorney, Illinois crimeAssault and battery is a common criminal charge. We often see the charges linked together as if they are the same offense. However, in the state of Illinois, these are two distinct charges that many times go hand in hand with each other but do not have to.

Criminal assault in Illinois is defined as an act or conduct that places another individual in reasonable apprehension of bodily harm. Whereas, a battery is the actual unwanted, unsolicited physical conduct which usually immediately follows an assault. Still, there can be a battery without the accompanying assault charge—the same way one can be charged with assault without being charged with a battery.

Why Does the Difference Matter?

The difference between the two matters because the available defenses differ based on the crime or crimes with which you are being charged. For example, self-defense is a common defense to a battery allegation; however, self-defense is not a traditional defense to a pure assault charge. General defenses to assault and battery charges include:

  • Defense of property;
  • Self-defense or defense of another;
  • Consent of the victim to the contact (battery charge specific); and
  • Lack of a legally reasonable apprehension about an impending battery (assault charge specific).

Are the Penalties for an Assault the Same for a Battery?

This is a question for your Chicago criminal defense attorney. There are many variables that can affect the sentence of either an assault or a battery. Those variables include:

  • Whether the assault had a sexual component;
  • Whether the battery included a deadly weapon; and
  • The types of injuries the victim sustained.

A “simple” assault is a class C misdemeanor under Illinois law. This can carry a fine of up to $1,500 and up to 30 days in jail. However, if one of the above-mentioned aggravating circumstances is present, then the fines can become significantly harsher. For example, if you are convicted of felony aggravated assault and battery, you may be facing a class 4 felony that carries a potential punishment of up to three years. Other aggravating factors can affect your sentencing, like having a prior record.

I Have been Charged with Assault and Battery, How Do I know if it is a Felony?

The first step you need to take is to consult your experienced Rolling Meadows criminal defense attorney at The Law Offices of Christopher M. Cosley. Our dedicated legal team defends misdemeanors as well as felony criminal charges of assault and battery. A Criminal conviction may alter the course of your life for good.  Therefore, do not try and defend yourself alone. Contact us at 847-394-3200, 24 hours a day, so that we can get to work defending you and your rights.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+12%2C+Subdiv.+5&ActID=1876&ChapterID=53&SeqStart=20887500&SeqEnd=22225000

Three Reasons Why You Need To Fight Your Domestic Battery Charges

September 30th, 2016 at 3:05 pm

Fight Your Domestic Battery ChargesThe Illinois courts and law enforcement do not take kindly to those who are accused of committing domestic battery. Causing bodily harm to a family or household member, or insulting, provoking, or threatening them, is a serious criminal matter in Illinois. When a person is accused of domestic battery, it is critically important that they fight the charges that are lodged against them because even a first-time conviction carries severe and long-lasting consequences. An experienced criminal defense attorney can help.

Below are three reasons why you need to fight your domestic battery charges.

  1. A domestic battery conviction means you will have a criminal record. Even if your fight with a family or household member was just a minor dispute that got out of hand, the court will look at the altercation as a serious crime. Even a first-time offense for domestic battery is typically a misdemeanor level offense. But a domestic battery charge can be upgraded to a felony-level offense in certain situations, such as when a protection order was violated, when you have a record of prior domestic battery convictions, or when other aggravating factors were involved.
  2. A domestic battery conviction generally cannot be sealed or expunged from your criminal record. Once you have been convicted of a criminal battery against a family or household member, as a general rule, the conviction will go on your criminal record, and it cannot be expunged or sealed under Illinois law. This means that your domestic battery conviction will follow you for many years to come. There are very limited circumstances in which a domestic battery conviction may be expunged. An experienced criminal defense attorney can help you determine if you may be eligible.
  3. A domestic battery conviction has unintended consequences. The effect of a domestic battery conviction is far-reaching. For instance:
    • You can lose your right to own or carry a firearm;
    • You could lose out on job opportunities due to the fact an employer can view your criminal record;
    • You could be denied an apartment or a credit card;
    • You could lose your child visitation privileges, or have restrictions placed on your visitation rights.

Contact The Law Offices of Christopher M. Cosley

Being charged with a domestic battery comes with severe consequences, and you need to fight the charges. If you are facing domestic battery charges, a conviction can have a serious impact on your life and can affect you in ways that you may not foresee. You need the help of an experienced criminal defense lawyer who has helped defendants facing domestic battery charges. A dedicated Rolling Meadows criminal defense lawyer can assist you every step of the way.

Source:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

Assault in Illinois

April 23rd, 2015 at 5:00 am

Illinois defense attorney, Illinois criminal lawyer, Illinois criminal statutesWhat exactly is assault? Because different states have different standards, there can often be confusion about what counts as assault, what counts as battery, and whether they are the same thing. For example, our neighbor to the southwest, Missouri, does not recognize a crime of battery and considers all offenses that involve striking another person to be “assaults.” Here in Illinois, however, we have multiple types of assault and multiple types of battery.

Simple Assault in Illinois

The first assault crime in Illinois is known as either “assault” or sometimes as “simple assault.” A person commits this crime when he or she, without lawful authority, knowingly does something that places another person in reasonable apprehension of receiving a battery. So the immediate follow up question has to be: what is considered a battery in Illinois? Illinois defines battery where one person knowingly, without legal justification, either (1) causes bodily harm to an individual, or (2) makes physical contact of an insulting or provoking nature with an individual. Basically, one commits an assault when one makes another reasonably afraid that they are either about to suffer bodily harm or be touched in some sort of insulting or provoking way. Simple assault, on its own, is a relatively minor offense in Illinois. It is only a Class C misdemeanor. There is a special sentencing provision that requires that anyone convicted of assault perform between 30 and 120 hours of community service if such community service is available in the community where the assault was committed, unless the person is sentenced to actual incarceration.

Aggravated Assault in Illinois

Aggravated assault is like simple assault, but the facts of the case are somehow worse than a simple assault; thus, aggravated assaults are punished more harshly. There are three main times of aggravated assault in Illinois:

  • Assaults aggravated based on location of the conduct;
  • Assaults aggravated based on the status of the alleged victim; and
  • Assaults aggravated based on the use of a firearm, device, or motor vehicle.

Aggravated assault based on location or conduct comes in a few forms. This includes assaults that are committed against a person who is on or about a public way, assaults that take place on public property, assaults that occur at a place of accommodation or amusement, and assaults that occur at sports venues. This kind of aggravated assault is a Class A misdemeanor.

Aggravated Assault Based on Victim Status

Aggravated assault based on the status of the alleged victim is the most sweeping part of the aggravated assault law. Alleged victims who have special protections under this statute include:

  1. Physically handicapped people and people aged 60 or older;
  2. Teachers and school employees on school grounds, grounds adjacent to the school, or in any part of a building used for school purposes;
  3. Park district employees on park grounds, grounds adjacent to park grounds, or in any part of any building used for park purposes;
  4. Peace officers, community policing volunteers, firefighters, private security officers, emergency management workers, EMTs, or utility workers under certain circumstances;
  5. Correctional officers or probation officers who are performing their official duties;
  6. Employees of jails, prisons, and juvenile detention centers or treatment centers for sexually dangerous or sexually violent persons who are doing their official duties;
  7. State or local employees and officials doing their official duties;
  8. Transit employees performing their duties and transit passengers;
  9. Sports officials or coaches who are involved in any level of athletic competition; and
  10. Process servers who are engaged in their official duties.

The severity of each type of offense based on victim status depends upon the exact victim status in question. Most of them are Class A misdemeanors, but some of them are class 4 felonies.

Aggravated Assault Based on Use of a Firearm, Device, or Motor Vehicle

There are nine types of aggravated assault that fit into this category. It includes assaults where the assailant is:

  1. Using a deadly weapon, air rifle, or item that looks like a firearm;
  2. Discharging a firearm other than from a motor vehicle;
  3. Discharging a firearm from a motor vehicle;
  4. Wearing a hood, robe, or mask to conceal the assailant’s identity;
  5. Flashing a laser sight near a person;
  6. Using a firearm but not discharging it when the victim is some sort of law enforcement or first responder doing their job;
  7. Operating a motor vehicle in a manner where someone would reasonably fear they could be hit;
  8. Operating a motor vehicle in a manner where a law enforcement-type or first responder would reasonably fear being hit; or
  9. Recording the assault with the intent of disseminating the recording.

Call the Law Offices of Christopher M. Cosley

If you have been charged with assault, you need an experienced Rolling Meadows criminal defense attorney on your side. Christopher Cosley has represented many people in your very position and he wants to fight for you. Call the Law Offices of Christopher M . Cosley today at (847)394-3200.

Rhetoric is Wrong: Violent Crime is Actually Down

December 11th, 2014 at 9:28 pm

Chicago crime rate, Illinois criminal defense attorney, Illinois criminal defense lawyer, Day after day we hear the rhetoric about how bad crime is today and about how much worse crime is now than it used to be. Stories pop up about Chicago being the murder capital of America. Citizens are left to believe that there is some mass criminal class that is much worse than it has ever been before. The problem with all of this is that it simply is not true. In fact, violent crimes rates are the lowest they have been since the 1970s.

Violent Crime is Down

The Chicago Tribune reports that violent crime in the United States fell 4.4 percent in 2013, bringing the violent crime rate to its lowest level since the 1970s. Fewer violent crimes were reported last year than have been reported in any year since 1978. This trend rings true for all types of violent crimes including but not limited to murder, rape, and robbery. The violent crime rate has fallen every year since 1994 and has fallen by roughly 50 percent since 1994. Property crimes were also down last year.

Decreased Prison Populations Lead to Even Greater Violent Crime Rate Decline

Some tough-on-crime law and order types point to our nation’s extraordinary levels of incarceration as the cause of this decrease in crime. However, the evidence indicates that violent crime is dropping in spite of, not because of, our over-imprisonment problem. The Pew Charitable Trusts compiled data over the last five years regarding states’ imprisonment rates and crime rates. They found that over the last five years the majority of states have decreased imprisonment rates while seeing a decrease in crime at the same time. Hawaii decreased its imprisonment rate by 23 percent and saw a whopping 14 percent decrease in crime. In the 33 states where imprisonment rates decreased, crime fell on average by 13 percent. While crime also fell in the states where imprisonment rates increased, crime only fell 11 percent in those states.

This Means We Need Solutions Other than Prison

This data demonstrates that we need to use tools other than imprisonment if we want to minimize crime. Rather than focusing solely on punishment, it is high time our justice system focused on rehabilitation. Drug treatment, mental health treatment, and education need to become our primary tools of corrections, rather than oft ignored side programs. For those criminal defendants who do wind up serving sentences in jail or prison, we need to focus substantial efforts into supporting reentry programs. Reintegrating into society with a felony conviction can be extremely difficult and our society needs to work to make it possible for people to make it in society after incarceration. People who serve long sentences for violent crimes especially need assistance reintegrating into a world that has changed dramatically during their incarceration.

Criminal Defense Attorney

Being accused of committing a violent crime is terrifying. These crimes carry stiff penalties, but even just being accused can have a profound and permanent effect on your life. If you or someone you know has been accused of committing a violent crime, contact the experienced Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley. We can schedule a consultation where we can discuss your situation and see what we can do to help you.

New Law Takes Aim at Domestic Violence Offenders

September 19th, 2014 at 4:02 pm

Domestic violence cases often are troubling situations that bring up serious issues. These charges are not limited to one group or a specific type of offender; anyone from any socioeconomic, racial, or ethnic background can be involved in such a scenario. This is further evidenced by a news story that has become popular as of late. Since the official start of the 2014-2015 National Football League (NFL) season, news and other media outlets have been consistently reporting on a notorious domestic violence incident that became public knowledge in February of 2014, but has garnered new and deserving attention since more details of the incident surfaced recently.

Illinois Domestic Violence Law Signed

Even before this news story concerning the professional football player garnered renewed attention, officials in the state of Illinois had their attention turned to the topic of domestic violence. At the end of August, Governor Pat Quinn signed legislation known as “Diane’s Law” into effect. The law is meant to provide protection to survivors of domestic violence by allowing courts to order risk assessment evaluations as a condition of bails and to require electronic surveillance via GPS monitoring of those charged with the crime in order to enforce restraining orders. Charges covered by the new law will include domestic battery, kidnapping, stalking, harassment, and attempted murder.

The Governor reported that this action is part of a larger focus on promoting public safety, and that specifically, he intends for the law to protect victims and prevent future tragedies. The law goes a step further by being focused on prevention and not just protection of victims. It is purportedly named after a domestic violence victim who was murdered by a former boyfriend just three days after renewing a protective order against him. The purpose of the law is to strengthen protective orders and give police additional tools in their enforcement, as well as providing for increased penalties for domestic violence offenders. The law, known as House Bill 3744, will become effective January 1, 2015.

The law is one of several signed into effect by Governor Quinn since 2012 regarding domestic violence in Illinois. Other initiatives included classifying domestic violence crimes as a felony if a defendant has a prior conviction, requiring that school boards adopt a policy regarding teen dating violence, protecting victims who may be covered by their abuser’s insurance policies, and allowing prosecutors to use prior domestic violence conditions as evidence in certain murder cases which involve the crime.

Criminal Defense Attorney

Domestic violence cases deserve professional attention. The experienced Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley are familiar with the recent changes to domestic violence law in the state of Illinois and are prepared to advise their clients accordingly. Contact us today to schedule a consultation to discuss your case.

Assault and Battery Law in Illinois

June 28th, 2014 at 6:49 am

battery, Assault & Battery, Chicago criminal defense attorney, Christopher M. Cosley, Cook County criminal defense lawyer, Rolling Meadows, The Law Offices of Christopher M. Cosley, Class C misdemeanor, assault crime, aggravated assault, Class 4 felony, aggravated batteryAssault and battery are two serious offenses that are treated as such in criminal courts in the state of Illinois. Those charged with such crimes are advised to immediately seek the help of an experienced criminal defense attorney to protect their rights. Below are some of the basics regarding relevant assault and battery laws in Illinois.

Assault

In the state of Illinois, an assault charge is usually graded as a Class C misdemeanor. The penalties associated with such an offense are a maximum of 30 days incarceration and up to $1,500 in fines. Typically, the facts that give rise to such a charge involve engaging in conduct or acting in a way that places another in fear of harm. It is important to note that the crime of assault does not necessarily involve physical contact with the victim; a verbal threat or threat of physical harm is enough to meet the law’s requirements.

Certain circumstances warrant a charge to be elevated to an aggravated assault. This usually happens when a deadly weapon is involved, the defendant is disguised when committing the crime, or the alleged victim is within a certain class of individuals, including but not limited to teachers, law enforcement officials, and firemen. Aggravated assaults are graded as Class A misdemeanors, which carry a maximum one-year jail sentence and a fine of up to $2,500. If the victim falls within the designated class of individuals, the crime becomes a Class 4 felony and carries a maximum three-year prison term and a maximum $25,000 fine.

Battery

Under Illinois law, it is considered battery if a person causes bodily harm to another or makes insulting or provoking contact with another. Pushing someone could be the basis for a battery charge. Because the crime invokes physical harm, it is generally treated more seriously than assault. Battery is graded as a Class A misdemeanor and can invoke a maximum jail term of one year or a fine of up to $2,500.

Aggravated battery is charged when the victim suffers significant bodily harm or permanent disability. The use of a firearm could also support a charge of aggravated battery. This crime is graded as a Class 3 felony and carries a maximum five-year prison term as well as fines that could reach up to $25,000.

Criminal Defense Attorney

Depending on the circumstances, assault or battery charges could have serious consequences for those accused of them. The attorneys at The Law Offices of Christopher M. Cosley have successfully defended a number of clients charged with assault and battery. Contact us today for a consultation in our Rolling Meadows office. We can listen to the facts of your specific case, advise you of your options, and protect your rights.

Back to Top Back to Top Back to Top