Decatur, Illinois Assault and Battery Lawyer
Assault and battery are two of the most commonly charged crimes in Illinois. And while you may not think such charges are that serious, they can still carry jail time, fines, or even mandatory community service upon conviction. So you do need to take an assault or battery complaint seriously, and that means working with a qualified criminal defense attorney to handle your case.
Decatur, Illinois assault and battery lawyer Baku N. Patel represents people like yourself facing these types of charges. At Patel Law, PC, we understand there is no such thing as a “minor” criminal charge. That is why we will make every effort to obtain a favorable outcome in your assault and battery case.
The Difference Between Assault and Battery
You have probably heard the phrase “assault and battery” used before without understanding its precise meaning. Indeed, you might not even realize that “assault” and “battery” are separate criminal offenses in Illinois. And it is possible to commit one without committing the other.
Here is the basic distinction between assault and battery:
- Battery means making physical contact or causing bodily harm to another person without any legal justification (such as self-defense); and
- Assault means engaging in any form of conduct that places another person “in reasonable apprehension of” being the recipient of a battery.
The key thing to understand about assault is that it does not require any physical contact between you and your accuser. If the state can prove that you provoked or threatened the accuser in some way, that can be enough to support an assault conviction. Similarly, while a battery does require proof of physical contact, it does not necessarily require evidence of substantial physical damage. Shoving someone onto the ground can be classified as a battery depending on the circumstances.
Simple assault and simple battery are misdemeanors in Illinois. If you are convicted of battery, a Class A misdemeanor, you face a potential jail sentence of one year, a $2,500 fine, probation, and an order to pay financial restitution to your victim. Simple assault is a Class C misdemeanor, which can still lead to 30 days in jail and a $1,500 fine.
Additionally, if assault or battery involves certain “aggravated” factors, the state can prosecute the case as a felony. Aggravated assault or battery typically involves cases where the victim belongs to a certain group, such as a person with a physical disability or a public employee, or their actions involve the use or threatened use of a firearm.
Contact Attorney Baku N. Patel Today
Assault and battery cases are often more complicated than they might seem. We often find that our clients have a legal justification for their actions, such as they were acting in defense of themselves or another person, which can mitigate or even lead to the dismissal of a criminal charge. Even in cases where a person is willing to admit guilt, however, an experienced attorney can help negotiate a more favorable plea deal that minimizes any disruption to their lives.
So if you need legal advice or representation from a skilled Decatur, Illinois assault and battery attorney, contact Patel Law, PC, today to schedule a free case evaluation.