A Lot Is On The Line With Assault Or Battery Charges
In Illinois, assault and battery are separate criminal charges. Assault is defined as conduct that places the victim in reasonable fear of being imminently harmed. Battery is any type of unwanted contact, whether or not it causes injury. Both are serious offenses. And both are often construed as violent offenses in the eyes of the public.
Aggravated assault and battery are even more serious. These charges, which are often felonies, may involve weapons such as guns or knives. Or they may involve certain aggravating factors such as:
- Inflicting great bodily harm
- Strangling the victim
- Concealing your identity with a mask or hood
- Committing the assault or battery in a public place
- Committing the assault or battery against a certain class of victim
If you’re facing any type of assault or battery charge — whether simple, aggravated or domestic — you shouldn’t attempt to fight it on your own. Your freedom may be on the line. Even with misdemeanor offenses, a conviction can damage your reputation and create a criminal record that follows you for a lifetime. Your opportunities for jobs, housing and education — not to mention your ability to legally carry a firearm — can all be imperiled.
Exploring Every Avenue To Challenge The Charges
Fortunately, there are ways to challenge the prosecution. We can help you pursue a strong defensive strategy. Attorney John Kopp prosecuted cases like these for the Cook County State’s Attorney’s Office before becoming a defense lawyer. As a result, he understands the numerous angles for fighting the charges. He can identify any violations of your rights, challenge the credibility of the prosecution’s witnesses, leverage weaknesses in the state’s case and pursue other avenues for making a compelling case on your behalf.
For example, perhaps you were acting in self-defense (or defense of others). Maybe you were provoked. Perhaps the alleged victim is lying or exaggerating. These accusations can be even more complicated when they involve family members making assault claims. By conducting a thorough investigation, I can ensure that your side of the story doesn’t go unheard.
What Is The Difference Between An Assault Charge And A Battery Crime In Illinois?
In Illinois, assault and battery criminal offenses are often confused. Assault is the act that creates a reasonable fear of imminent harmful or offensive contact. For example, if someone threatens to hit another person and makes a body motion that seems to confirm the threat, this can be considered assault.
On the other hand, battery is the actual physical contact, such as hitting or pushing someone without their consent. Even minor contact can qualify as a battery if it is harmful or offensive.
Potential charges for assault in Illinois range from simple assault (a Class C misdemeanor) to aggravated assault, which can be a felony, depending on factors like the use of a weapon or the status of the victim.
Similarly, battery charges vary. Simple battery is typically a Class A misdemeanor, while aggravated battery is a felony.
Defending Against Illinois Assault And Battery Charges
Defending against assault and battery charges requires a strategic approach, especially in cases like simple battery with no video proof. Without video evidence, the case can hinge on witness testimony and the credibility of both the accuser and defendant.
If you are a first-time offender charged with simple battery, courts may be more lenient, especially if the incident did not result in serious harm. For first-time offenders, alternative sentencing options such as probation, community service or court supervision might be available, reducing the long-term consequences.
There are several potential defenses to consider when defending against charges of simple battery. One common defense is that the accused was acting in self-defense or defense of others. In this case, the defendant would need to show that their actions were necessary to protect themselves or someone else from immediate harm.
Another defense could be a lack of intent, arguing the physical contact was accidental and not intended to cause harm. Also, consent is a viable defense in situations where physical contact was made by consent, such as in a sports setting or after a dare.
Kane County Assault And Battery Charges Attorney
With so much at stake, you deserve a lawyer with the knowledge, experience and dedication to go to bat for you. That’s why you should choose Kopp Law. Schedule your consultation by calling 630-749-2919 or filling out a quick online contact form.
From our office in Geneva, attorney Kopp represents people across Chicago as well as Kane County, and can meet with you at a time or place that’s convenient for you.