Various defenses exist to a charge of assault & battery but the available defenses depend on the specific facts of the case. Call Motta & Motta today for a free consultation and to discuss the specific details of your case at length to determine what defenses you may be able to raise in your case.
Assault & Battery
Assault & Battery
Chicago, IL Assault & Battery Attorneys
Pursuant to Illinois law, an assault occurs when someone engages in conduct that places another person in reasonable apprehension of receiving a battery. A battery occurs when a person causes bodily harm to another or makes insulting or provoking physical contact with another.
Assault & battery are both both misdemeanor criminal charges punishable by jail, a fine, or both, and community service hours. Acts that would otherwise constitute an assault or battery can result in a charge of aggravated assault or aggravated battery when certain conditions exist. Simple assault or simple battery can be enhanced to aggravated based on the status of the victim, location of offense, device/object used, if the offender video or audio taped the offense, or if a serious injury was inflicted.
The crime of assault, pursuant to Illinois statute, occurs when a person engages in conduct that places another person in reasonable apprehension of fear. Illinois law does not require you to have physically harmed someone to be charged with the crime of assault. Someone can be charged with assault for engaging in conduct such as raising a hand or fist to another or pointing a weapon or dangerous object at someone in a threatening manner. If you have been charged with assault or are concerned that your behavior may give rise to assault charges call an attorney at Motta & Motta LLC today for a free consultation.
Pursuant to Illinois law, simple assault is a Class C misdemeanor. If you are charged with assault, the possible punishment can range from no jail time to a maximum of 30 days, a fine not to exceed $1,500, or both jail time and a fine. Plus, the court must impose a minimum of 30 community service hours on anyone convicted of assault in Illinois, but the maximum number of community service hours which the court can impose is 120. The criminal defense attorneys at Motta & Motta LLC are extremely knowledgeable about Illinois assault laws and the available defenses for assault.
Aggravated Assault in Illinois
The crime of aggravated assault, pursuant to Illinois statute, occurs when a person commits an assault under one of the conditions enumerated within the statute. The circumstances which result in an otherwise simple assault amounting to an aggravated assault involve the location of the conduct, the status of the victim, and the object or device used by the actor.
With regard to offenses based on the location of the conduct, an assault committed against an individual who was on or about a public way, public property, public place of accommodation or amusement, or sports venue constitutes aggravated assault.
The status of the victim acts to enhance an otherwise simple assault to aggravated assault if you know the victim falls into a specified class of persons, such as the physically handicapped, persons 60 years old or over, teachers or school employees, park district employees, other specified state employees in the performance of their duties, and police officers.
Lastly, an assault amounts to aggravated assault if it involves the use of a deadly weapon, firearm or any device substantially similar in appearance to a firearm, or a laser gun sight or other laser device attached to a firearm when the laser beam strikes near another person or a motor vehicle operated in a manner placing the victim in reasonable fear of being hit. A person also commits aggravated assault if they video or audio record the assault with the intent to publicize/publish the recording. The criminal attorneys at Motta & Motta are extremely knowledgeable about Illinois aggravated assault laws and the available defenses.
As of 2014, the offense of aggravated assault can range from a Class A misdemeanor to a Class 3 or Class 4 felony depending on which of the specified enhancing conditions applies to the specific facts of the case. The potential sentence for aggravated assault depends on the defendant’s prior criminal record and the specific facts of the case as well as the version of the applicable statute in effect at the time of the offense. However, generally the possible sentences include:
- A term of imprisonment to exceed a year and a fine not to exceed $2,500;
- A term of imprisonment not to be less than 2 years and not to exceed 5 years plus fines;
- A term of imprisonment not to be less than 3 years and not to exceed 6 years plus fines.
Again, any potential sentence is extremely fact specific and varies depending upon the defendant’s prior criminal history so it is important to speak with an experienced and knowledgeable attorney to best determine your sentence possibilities for the worst and best case scenarios.
Aggravated Battery in Illinois
Conduct that otherwise constitutes a simple battery can be enhanced to aggravated battery based on:
- the seriousness of the injury,
- the location of the battery, such as on a public way or certain public places,
- the status of the victim which includes, but is not limited to, those classes of persons listed above under aggravated assault plus children, intellectually challenged persons, taxi drivers, merchants, nurses, service processors and others, the use of a firearm, deadly weapon or other device such as a laser gun-sight or other laser device attached to a firearm or it can be based upon certain conduct like wearing a hood or otherwise concealing your identity, delivering a controlled substance if any user suffers serious bodily harm, poisoning someone, or video or audio recording a battery with the intent of publicizing/publishing it.
Aggravated battery is a serious offense and is not something one should take lightly as it is a felony punishable by, often times, significant prison time. The criminal attorneys at Motta & Motta are extremely knowledgeable about Illinois aggravated battery laws and the available defenses. Call our experienced aggravated battery lawyers today to discuss the specifics of your case at length and to determine what defenses may be available in your case.
Pursuant to Illinois law, aggravated battery is generally a Class 3 felony punishable by a term of imprisonment of no less than two years but no more than five years, and fines. However, aggravated battery can range from a class 2 or Class 1 felony to a class X felony depending on which of the specified enhancing conditions is/are relevant to your case.
The potential sentence for aggravated battery depends on the defendant’s prior criminal record and the specific facts of the case as well as the version of the applicable statute in effect at the time of the offense. However, generally if you are charged with aggravated battery and the State has classified the offense as a Class 2 felony or higher, the possible sentences of imprisonment can range from three to seven years all the way up to 60 years. Again, any potential sentence is extremely fact specific and varies depending upon the defendant’s prior criminal history and the portion of the statute under which the charges are brought.
Therefore, it is extremely important that you speak to an experienced and knowledgeable attorney so that you can best determine your sentence possibilities.
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