Joliet Assault & Battery Attorney

Strategic Legal Defense for Assault & Battery Charges in Joliet, IL

Assault and battery are two distinct yet related offenses under Illinois law. Both crimes involve harmful or threatening actions towards another person, but they differ in terms of the nature of an offense and the penalties that may apply if a person is convicted. People who have been accused of assault or battery may face significant legal consequences, and they will need to ensure that they have legal representation as they defend against these charges. At Carlson Law Group, P.C., we provide legal help for those who have been accused of these and other violent crimes, ensuring that they understand the ideal strategies for defense.

Difference Between Assault and Battery

A person may be charged with assault if they knowingly act in a way that causes someone to reasonably believe that they will suffer bodily harm. A person may be charged with assault even if they did not make physical contact. For instance, raising a fist in a threatening manner or verbally threatening to attack someone can constitute assault.

Battery involves actual physical contact with another person. This contact can be either harmful or offensive. Examples include hitting, pushing, or striking someone.Unlike assault, battery involves physical contact.

Assault and battery are closely related, and in many cases, a person will face both charges. However, either offense can be charged separately. For example, acting in a threatening manner without making contact could be considered assault, or striking and injuring a person without warning could result in battery charges.

Penalties for Assault and Battery

The penalties for offenses involving assault and battery in Illinois will typically depend on the specific actions a person is accused of committing and the presence of any aggravating factors involved. Potential charges may include:

• Assault: Under Illinois law, simple assault is a Class C misdemeanor. A conviction could result in a sentence of up to 30 days in jail, a fine of up to $1,500, and potential community service.
• Aggravated assault: Certain factors may lead to more serious assault charges. Assault against a teacher, school employee, park district employee, state employee, transit employee, sports official, or a person who is at least 60 years old or disabled will usually result in Class A misdemeanor charges, and a conviction may lead to a prison sentence of up to one year and a fine of up to $2,500. Assault when using a deadly weapon other than a firearm is also a Class A misdemeanor. An assault in which a person used a firearm or threatened a police officer or emergency worker may result in Class 4 felony charges, which can lead to a one- to three-year prison sentence.
• Battery: Simple battery is a Class A misdemeanor, and a person may be charged with this offense if they did not have legal justification to cause bodily harm or make offensive contact with someone else.
• Aggravated battery: This charge may apply when battery is allegedly committed against certain people or when an offense involves great bodily harm or the use of a weapon. The minimum charge for aggravated battery is a Class 3 felony, which carries a potential sentence of two to five years in prison. Battery involving great bodily harm to a police officer or firefighter is a Class 1 felony, and a person may face a sentence of four to 15 years. Battery involving the discharge of a firearm is a Class X felony with a potential jail sentence of six to 30 years. Other forms of battery involving the use of firearms or the infliction of great bodily harm may be classified as Class X felonies with increased penalties.

Potential Defense Strategies Against Assault and Battery Charges

At Carlson Law Group, P.C., may be able to use a number of different strategies to help our clients achieve favorable outcomes to their cases, including:

• Self-defense: If the accused can demonstrate that they were protecting themselves from imminent harm, the charges may be reduced or dismissed. The key is proving that the force used was reasonable and necessary under the circumstances.
• Defense of others: This defense may apply if the accused was defending another person from imminent harm. The accused must show that their actions were justified in protecting someone else.
• Lack of intent: If the defense can demonstrate that the accused did not intend to cause harm or fear of harm, this may weaken the prosecution's case. Accidental contact or actions taken without the intent to threaten or harm can serve as a valid defense.
• Mistaken identity: In some situations, the accused may be wrongly identified as the perpetrator. Providing an alibi or evidence proving that the accused was not present at the scene can be crucial in these cases.
• Insufficient evidence: Challenging the credibility and sufficiency of the prosecution's evidence is often a fundamental defense strategy. If the evidence is weak or unreliable, it may not meet the legal standard required for a conviction.

Contact Our Joliet Assault and Battery Defense Lawyer

The penalties for violent crimes can be severe, and when defending against charges of assault or battery, a knowledgeable attorney can help you determine the best steps to take to achieve a positive outcome in your case. Contact Carlson Law Group, P.C. at 815-710-3700 to set up a free consultation and begin building an effective defense strategy.