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Archive for the ‘assault and battery’ tag

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

Prosecutor Gets Stabbed and Battered by Convicted Felon

October 2nd, 2012 at 6:28 pm

On September 14th, a Cook County prosecutor intervened in a quarrel between four men which nearly cost him his life, reports the Chicago Tribune. He was on his way to meet a friend at Diversey Harbor to go fishing when he saw two men being chased by two guys in a park. The men were screaming for help, so the prosecutor intervened. He yelled to the chasers and told them to stop, but instead of stopping, they attacked the prosecutor. He managed to grab one of the attackers and tried to keep use him as a shield between himself and the second attacker, but he lost his footing and fell to the ground. The attackers hit him with a beer bottle and stabbed him several times.

The wounded prosecutor was helped to a nearby hospital by his friend who arrived near the park not long after the attack. The prosecutor had suffered injuries to his side, face, and under his right arm. The injuries were not severe, however, and he is recovering from the attack at home.

One attacker, Edgar Diaz, 21, was arrested a few days after the incident. He has been charged with attempted first-degree murder and aggravated battery. Diaz has been convicted before of unlawful use of a weapon and he has also been involved in other felonies, for example, armed violence and drug crimes. Diaz’s bond court was held on September 24.

Diaz is looking at a long prison sentence. His best option is to get legal help from experienced lawyers who can build a strong defense. Although Diaz probably cannot avoid a conviction, his penalties have the potential to be reduced. If you or anyone you know has been charged with a similar crime, contact a skilled and knowledgeable felony defense attorney in Chicago, Illinois.

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