Urbana Assault and Battery Lawyer
Assault and battery are often referred to as the same criminal offense, but they are two separate crimes outlined under Illinois law. You may face these charges after becoming angry and saying things in the heat of the moment. Or, someone may have falsely accused you of one or both of these crimes. Regardless of your situation, it is important to understand the charges against you. Our Urbana assault and battery lawyer explains them in detail below.
The offense of simple assault is defined under the law as making threatening statements or taking threatening actions that cause another person to fear physical harm. For simple assault to occur, the alleged victim must have reasonably believed the offender would follow through on the act. In most cases, simple assault is charged as a misdemeanor, but it still comes with serious penalties for those convicted.
Certain factors can upgrade a simple assault charge to aggravated assault. Like simple assault, aggravated assault also refers to threatening someone in a non-physical manner, but that still causes them to fear for their safety. Brandishing a weapon while making threats, aggressively threatening a person in a public place, and assaulting a protected person, such as a police officer, are a few scenarios that could result in aggravated assault charges. Aggravated assault can be charged as either a misdemeanor or a felony.
Simple battery occurs when a person makes physical contact or causes another person physical harm in an insulting or provoking manner. Simple battery can be as serious as punching someone in the face, or as subtle as grabbing their shirt as they walk away. As long as there is contact and it is considered provoking or assaulting, battery charges may apply. Simple battery can be charged as either a misdemeanor or a felony.
Like assault charges, battery charges can also be upgraded to an aggravated offense when certain factors are present. For example, if the alleged victim was not harmed and there was not a lot of physical contact, misdemeanor charges would likely apply. On the other hand, if the alleged victim was seriously hurt because the offender used a weapon, it would likely be considered a felony.
Domestic battery is similar to simple battery, but the harm is inflicted on a member of the same household or family or someone with whom a person is in a romantic relationship. Domestic battery can also involve two people who used to be in a romantic relationship together.
Our Assault and Battery Lawyer in Urbana Can Defend Against Your Charges
Being charged with assault or battery is very stressful. At Patel Law, PC, our Urbana assault and battery lawyer can advise on your case and the potential strategies available, such as arguing self-defense. Call us now at 217.384.1111 or connect with us online to schedule a free review of your case and to learn more about how we can help.