According to Illinois law, assault and battery crimes are considered separate entities. Assault signifies the threat of harming a person with potential of actual execution of the said harm. On the other hand, the battery is executing unwanted harm or physical contact onto another. There are different ranges to such crimes from Misdemeanor (Class 1) to Felony (Class 5). Penalties along with actual charge depend upon the following:
- The victim
- Cause of assault or/and battery-sexual orientation, race, ethnicity, or religion
- Severity of personal injury resulting from the battery
Domestic Violence Simple Assault Misdemeanor
Simple assault, misdemeanor belongs to the lowest strata. This applies usually when the victim doesn’t belong to fire rescue or law enforcement department. Also, serious injury to the victim doesn’t happen in such cases. Implied meaning also states that the person was not a victim of hate crimes at the assault happened minus the use of weapons of any kind. In spite of being a lower grade crime, it does lead to penalties as jail sentence and fines.
Domestic violence signifies something quite different. In such cases even of the victim is willing to forget the event, the Commonwealth may not be so lenient. Even if you are a first-time offender, you shouldn’t waste time in calling the lawyer.. Read More..
Assault in the form of hate crime
Assault based upon the ethnicity, religion, race, and sexual orientation of a person is a hate crime. This naturally packs bigger penalties than a misdemeanor or domestic assault even if it is without battery. Despite being Misdemeanor Class 1, it can quickly turn into a Felony charge, especially when injuries have occurred. Once you are charged with such an offense, it rests upon the prosecution to prove that you targeted a person since he/she was the part of a specific group.
Assault on fire, rescue personnel, or police officer
If the victim of the assault or battery was a police officer, fire, rescue personnel, or public officer it again easily becomes a Felony charge without much ado. However, in order to convict you in this case, the state needs to prove that you perpetrated the crime fully knowing that the person belonged to one of these categories. Also, the victim was simply performing official duties when the assault or/and battery occurred. Do not leave anything to chance because only a criminal defense knows how to deal with such tight situations effectively.
Assault, battery defense
Defense of assault and battery cases is a tall task, no doubt, but an experienced attorney knows how to give his/her clients the best support. In such cases, the state will need to prove that,
- The offender intentionally touched the victim without prompt
- Manner of touch was offensive
Common defenses for such set charges include,
- Consent of victim: Victim may have consented to physical contact such as in the case of fighting agreement or mutual combat
- Public authority: This happens when the law enforcer is the one convicted. The defense may argue that he/she was just following orders or doing their duty.
Whatever it is, it is best to leave everything to an experienced Chicago personal injury & criminal defense lawyer to give your case the best representation possible.