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

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


Archive for the ‘Class C misdemeanor’ tag

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.


Petty Traffic Offenses & Misdemeanors

July 3rd, 2017 at 7:00 am

petty traffic offenses, Rolling Meadows traffic violations defense lawyer, moving violations, Class C misdemeanor, suspended licenseIt is not uncommon for people to treat moving violations as inconsequential or somehow beneath notice, therefore paying the requested fine quickly and proceeding on their merry way. However, many will then receive a rude awakening as their driving privileges are affected, especially if they have a history of multiple speeding tickets or other moving violations. Therefore, it is important for Illinois drivers to be aware of the potentially punitive consequences that may result if too many tickets or citations are incurred.

Classification Differences

The significant majority of traffic offenses are characterized as either petty or as misdemeanors under Illinois law. Petty offenses are punishable with merely a fine, usually no more than $1,000, though there are always exceptions depending on the egregious nature of the conduct. Examples include driving without auto insurance and failing to wear a seat belt while driving or riding in an automobile. While a petty offense is still something to take seriously, it is the lightest type of offense that can appear on one’s record, and is the classification for which it is most likely to receive supervision or probation as a sentence instead of a particularly heavy fine.

Misdemeanors, comparatively, are more serious and may carry jail time as part or all of the sentence handed down at conviction—there are three classes of misdemeanor, A through C, with A being the most severe.

An example of a Class C misdemeanor would be drag racing, while a Class A misdemeanor would be driving without a license or on a suspended license. Class A misdemeanors are held to be more likely to injure participants or bystanders, as well as to possess an exaggerated degree of recklessness or negligence compared to petty offenses.

Misdemeanor traffic offenses may sometimes receive a sentence of court supervision, but it is decidedly less common than with those convicted of petty offenses.

Minor Offenses Can Add Up

While the relative consequences for petty and misdemeanor traffic offenses are much less significant than those associated with felonies, this does not mean that minor traffic offenses may simply be ignored, or paid and forgotten. For example, if an Illinois driver accrues three moving violations (whether petty or misdemeanor offenses) in one 12-month span, it results in an automatic, mandatory license suspension. That suspension will expire on a specific calendar date, but only if the driver’s record has been clean for that period of time.

It is also possible to receive a license suspension over failure to pay fines associated with petty offenses and misdemeanors of any class. If a driver fails to pay the costs associated with five or more automatic traffic violations, then his or her license will be automatically suspended in much the same manner as it would be with multiple moving violations on one’s record. The driver will not be able to reinstate his or her license without presenting proof that any remaining fines or penalties have been paid, and any attempt to drive without reinstating his or her license may result in a re-suspension (as driving on a suspended license is in itself a suspendable offense).

Consult a Knowledgeable Illinois Criminal Defense Attorney

Because traffic offenses are seen as such relatively inconsequential affairs, it can be a momentous shock when your license is suspended over the amount of these minor offenses. Consulting an attorney with experience in such matters can greatly ease one’s mind, or at least articulate exactly what one faces in the near future.

The dedicated Rolling Meadows traffic violations defense lawyer at The Law Offices of Christopher M. Cosley is well versed in this specific area of law, and is happy to try and assist you with your case. Contact the office today to set up an initial consultation.


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.


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.


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