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Assault and battery are different violent crimes

On Behalf of | Jul 17, 2020 | Violent Crimes

Criminal laws on violence may be confusing. In Illinois, assault and battery are different violent crimes with distinct consequences.

Homicide, kidnapping, sex offense and bodily harm are the major crimes that are committed against people in Illinois. Assault and battery are the two significant type of bodily harm offenses.

A person commits an assault by engaging in conduct which makes another person reasonably fearful of suffering a battery. It is a real or implied threat of a battery or incomplete battery.

A battery occurs when a person causes bodily harm to someone else. This offense also involves a person having physical conduct with another person that is insulting or provoking. These actions are crimes when the offender acts intentionally or knowingly without legal justification.

A person must intentionally hit someone. An accidental contact is not a battery. But simple intentional contact may constitute a battery.

Simple assault is a class c misdemeanor. It is punishable by a fine of $500, 30 days imprisonment and 30 to 120 hours of community service.

Aggravated assault involves many factors and is a more serious misdemeanor or felony.

These factors include an assault being committed with a firearm or while masked or hooded. Aggravating elements also include assault victims being 60 or older, teachers, coaches, and athletic officials. Locations such as public property and NCAA events may also increase the crime’s severity.

Simple battery is a class a misdemeanor punishable by a maximum $1,000 fine and one-year imprisonment. Aggravated battery is a felony and involves great bodily harm or any of the aggravating factor that increases the severity of an assault offense.

Some criminal records may be expunged or physically destroyed. A criminal conviction for these offenses, however, may not be expunged.

Misdemeanor assault or battery records may be expunged if court supervision was imposed. Court supervision is not a conviction even if it was imposed with other punishment such as a fine.

Supervision is a court order that keeps a case open for typically six months to two years followed by dismissal if the supervision terms are followed. Felonies are ineligible for this supervision and may not be expunged.

The consequences of these crimes may be serious and life-altering. An attorney can help protect your rights in these prosecutions.