Assault charges can upend your entire life, even though you may not have done anything you thought of as a crime. While many people use the term assault to refer to unwanted touching of another person, that is not its legal definition. Battery is the unwanted touching of another person, and assault is the imminent apprehension of a battery.
You could be charged with assault because someone thought you were going to hit them, even if you never had any intention to commit an act of violence. If you have been charged with assault, you need the help of a dedicated criminal attorney. A Chicago assault lawyer could help you understand the differences between assault and battery and the potential consequences of any charges you might be facing.
The distinction between assault and battery is crucial, even though many people treat them as the same crime. When a person commits a battery, they know they are committing a criminal act. A defendant must make contact with someone else’s body to commit a battery.
To commit an assault, a person has to make someone else reasonably fear that a battery is likely to occur. Some cases of assault are clear-cut. For example, threatening to hurt someone while wielding a weapon would be considered assault. Other cases of assault are not as clear, and a victim could reasonably fear an imminent battery even if a defendant does not have any intention of harming them.
Unfortunately, the biases of arresting officers could also play a role in someone being charged. An attorney in Chicago could examine the factual scenario underlying assault charges and work before trial to try to get unjust charges dismissed.
In most circumstances, assault is a misdemeanor offense, punishable by up to 30 days in jail and up to a $1,500 fine. However, sometimes assault is a felony offense, which can lead to prison time and a fine of up to $25,000. The presence of a weapon will help determine whether assault is charged as a misdemeanor or a felony.
Remember, the difference between assault and battery is whether a defendant makes physical contact with the victim. A person can use a weapon against a victim without ever touching them. Assault with a weapon would transform the charge to felony aggravated assault.
The facts in an assault charge are key. Sometimes, the facts support a battery charge, not an assault charge. Sometimes, the state will charge both assault and battery. In most circumstances, an alleged victim of a battery will have a reasonable fear of battery in the immediate leadup to the altercation.
Potential charges include assault under 720 Illinois Compiled Statutes 5/12-1, battery under 720 Illinois Compiled Statutes 5/12-3, and aggravated battery under 720 Illinois Compiled Statutes 5/12-3.05. One of the tactics a Chicago attorney may explore is getting battery charges reduced to assault charges because the potential punishments are less severe.
If you are charged with assault, you could be facing substantial consequences. The crime can range from a misdemeanor to a felony, and the punishment could range from probation all the way to prison time. To find out more about the charges against you and how you could be able to fight back, schedule a free case evaluation with a Chicago assault lawyer from Price Benowitz. We could review the facts of your case and explore potential defense strategies.
