Danville, Illinois Assault and Battery Lawyer
Illinois is tough on all types of violent crime, and law enforcement is especially aggressive in pursuing those accused of assault and battery. Under state criminal statutes, these are actually two separate offenses that police could charge separately or in combination. Depending on the circumstances surrounding the incident, you could be arrested for a misdemeanor or felony. Considering these complicated factors and the potential for severe penalties, retaining skilled legal representation is crucial.
However, you should always remember that an arrest is not a conviction, and there are ways to fight assault and battery charges. You can count on our team at Patel Law, PC for assistance with your case, as we are well-versed in a wide range of defense strategies. Please contact us to schedule a consultation with a Danville, Illinois assault and battery lawyer who can provide custom-tailored advice. You may also benefit from reviewing some important points about the laws, discussed below.
Overview of Illinois Laws
Assault and battery are distinct offenses but, because one type of misconduct often accompanies the other, they are often charged together. It is important to understand the basics, as well as the penalties you face if convicted.
A person could be arrested for assault for knowingly engaging in conduct that puts another person in fear of bodily harm. The offense is a Class C misdemeanor punishable by up to 30 days’ incarceration and a fine of up to $1,500.
Battery occurs when someone causes bodily harm to someone or makes physical contact that is insulting or provocative. As a Class A misdemeanor, you could be sentenced to a maximum of one year in jail.
As such, a person could be charged with only assault if there was a threat without physical contact or injury. Someone might be arrested for only battery if the victim was never in fear, such as when the attack occurred from behind. There are aggravated versions of both offenses, which involve felony charges.
Defenses to Assault and Battery Charges
These penalties are harsh, so it is wise to explore all opportunities to fight the allegations. Our Danville, Illinois assault and battery attorneys at Patel Law, PC may develop a strategy around such defenses as:
- Defense of others;
- Defense of property;
- Mutual combatants;
- For assault, the victim did not have a reasonable fear of being hurt; and,
- For battery, the physical contact was not insulting or provocative.
There are different points during the legal process to present these defenses. We will seek to get the charges dismissed during pretrial stages and will work to get an acquittal at trial. In some cases, plea bargaining may also be a positive outcome.
Discuss Defenses with a Danville, Illinois Assault and Battery Lawyer
It is encouraging to know that defenses are available to the charges, but you will need skilled legal representation to take advantage of your options. For more information on potential strategies, please contact Patel Law, PC to set up a consultation. An Illinois assault and battery attorney can explain how the laws work after reviewing the details of your case.