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Chicago Assault & Battery Defense Lawyer
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Assault and battery are often charged together. However, the charges are actually two crimes with distinct elements. Basically, an assault involves an attempt or a threat to injure another – though no contact occurs – while a battery involves actual contact with another in a harmful or offensive manner.
Depending on the specifics of your case, you could face misdemeanor or felony charges for assault or battery. Don't wait to retain the advice and representation of a skilled Chicago criminal defense lawyer!
Types of Assault and Battery Charges
A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery. Simple assault is a Class C misdemeanor.The statute for assault is 720 ILCS 5/12-1.
Aggravated assault occurs in a number of ways. For example, if you commit the assault with a weapon, against certain protected or vulnerable persons, or in public, you can be charged with aggravated assault. Aggravated assault is normally a Class A misdemeanor, but it can be charged as a Class 4 or even a Class 3 felony, depending on the allegations. The statute for aggravated assault is 720 ILCS 5/12-2.
A person commits a battery if he or she, intentionally or knowingly without legal justification, causes bodily harm or makes physical contact of an insulting or provoking nature. Simple battery is a Class A misdemeanor. The statute for battery is 720 ILCS 5/12-3.
Aggravated battery occurs in a number of ways. For example, if you commit the battery with a weapon, against certain protected or vulnerable persons, or with the intent to disfigure, maim, or otherwise cause great bodily harm, you can be charged with aggravated battery. Aggravated battery is normally a Class 3 felony, but it can be charged as a Class 2, Class 1, or even a Class X felony, depending on the allegations. The statute for aggravated battery is 720 ILCS 5/12-3.05.
Contact Thomas C. Hallock if you need a skilled and committed assault and battery defense attorney in Chicago. Call (888) 412-3741 to begin.
What You Should Do
- Be respectful.
- Calmly record the interaction.
- Ask if you are free to leave. If you do not ask, the officer may think - and the judge may agree - that the interaction is consensual.
- If you are free to leave, go! If you are not free to leave, do not answer and questions before speaking with your attorney.
What You Should Not Do
- Do not physically resist arrest.
- Do not become aggressive or confrontational.
- Do not consent to a search. The Constitution does not apply if you consent.
- Do not answer questions without first speaking with your attorney. Police are allowed to hold you for 48 hours and they may lie to you the entire time.