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Archive for the ‘assault and battery’ tag

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

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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