Essential Differences Between Assault and Battery in Illinois

 Posted on April 03, 2023 in Assault & Battery

It is crucial to understand the differences between similar-sounding offenses regarding criminal charges. Such is the case with the crimes of assault and battery. In Illinois, assault and battery are two distinct crimes that are often confused due to their overlapping nature. However, the legal implications and consequences of these charges are quite different. Today, we will discuss the essential differences between assault and battery in Illinois. 

Remember that if you are ever charged with assault, battery, or both, you must retain legal counsel immediately. These kinds of offenses are aggressively prosecuted. Therefore, hiring an experienced criminal defense attorney is likely in your best interest.

Defining Assault  

To prove an assault charge, the prosecution must establish the following elements:

• In Illinois, assault is conduct that places another person reasonably apprehensive of receiving battery. In simpler terms, assault involves a threat or an act that causes fear of imminent bodily harm. No actual physical contact is necessary for an assault charge.

• The defendant’s conduct was intentional or knowing.

• The sufferer was aware of the defendant’s conduct and apprehensive about receiving battery. 

Defining Battery

Battery is defined as intentionally or knowingly causing bodily harm to another person or making physical contact of an insulting or provoking nature. To prove a battery charge, the prosecution must establish the following elements:

• The defendant caused bodily harm to the sufferer or made physical contact of an insulting or provoking nature.

• The defendant’s conduct was intentional or knowing.

• The sufferer did not consent to the contact

Key Differences Between the Two Charges

Of course, the most significant difference between assault and battery is the presence of physical contact. As stated previously, assault does not need to include any physical contact, although it sometimes does. On the other hand, battery requires physical contact, either causing bodily harm or provoking nature. Moreover, a battery charge does not require the sufferer’s awareness or apprehension before the contact occurs. 

Both assault and battery require intent or knowledge on the part of the defendant. However, assault focuses on the defendant’s plan to create fear in the sufferer, while battery centers on the defendant’s intent to cause harm.

Classifications and Penalties

In Illinois, assault and battery are considered misdemeanors, with potential penalties including fines, probation, and incarceration. However, under certain circumstances, these offenses can be elevated to aggravated assault or aggravated battery, which are felonies and carry more severe penalties. 

Contact a DuPage County Assault and Battery Attorney

If you have been charged with assault, battery, or other violent crimes, your freedom may be at stake. For experienced legal counsel, contact the skilled Wheaton, IL assault and battery lawyer with Stephen A. Brundage. Call 630-260-9647 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqEnd=23200000&SeqStart=21300000