Being accused of assault or battery is a serious matter. If you are convicted, you could face jail time, a steep fine, and other criminal consequences. Even if you are ultimately cleared of the charges, the mere accusation can damage your reputation. If you find yourself in this situation, it is important to take immediate action to protect your rights.

Do Not Talk to the Police Without an Attorney Present

If the police want to talk to you about an allegation of assault or battery, it is important that you have an attorney present. Do not try to talk your way out of the situation or offer any kind of explanation. Anything you say can and will be used against you in court. Remember that you have the right to remain silent and should exercise that right until you have legal counsel present.

Do Not Talk to the Alleged Victim

In some cases, the alleged victim may try to contact you directly, either by phone call or social media message. It is essential that you do not respond to these attempts at communication. Anything you say to the alleged victim can be used as evidence against you in court. If you must communicate with the person who has accused you, always do so through your attorney.

Illinois law defines assault as conduct that is offensive or threatening, while battery refers to actual physical contact. Assault and/or battery charges often follow a physical altercation or fight. Assault and battery charges can be misdemeanors or felonies depending on the nature of the alleged offense. Being convicted of either offense can lead to serious repercussions, including jail time. Having a conviction on your criminal record can also dramatically impact employment and housing opportunities.

If you or a loved one were charged with assault or battery, contact a criminal defense lawyer right away. Your attorney can begin building a strong case in your defense and ensure that your rights are protected.

Defense Strategies for Assault and Battery Charges in Illinois

Being convicted of assault or battery can threaten your future – especially if aggravating circumstances are present. Criminal defense attorneys use a variety of strategies when representing defendants accused of assault or battery. Some of the most common defense strategies include:

A recent decision by Cook County prosecutors not to pursue charges against five suspected gang members involved in a fatal Chicago shootout left many locals surprised and confused. Although all five were arrested on suspicion of murder and aggravated battery, they were later released from jail without being formally charged. The reason prosecutors cite for declining to charge the shooters is that they were engaged in “mutual combat,” according to a police report. But what does that mean?

If you are facing violent crime charges of any type, contacting an attorney as soon as possible is of great importance. You may have defenses available to you depending on the circumstances of your individual case, but you will need an experienced attorney to put on the best possible defense.

What Is the Legal Definition of “Mutual Combat”?

Simply put, mutual combat occurs when two adults willingly fight. In legal terms, mutual combat is defined as “a fight or struggle which both parties enter willingly or where two persons, upon a sudden quarrel and in hot blood, mutually fight upon equal terms and where death results from the combat.” This definition comes from a decision by the Supreme Court of Illinois in the case of People v. Austin, which dates back to 1990.

Under Illinois law, the crime of assault is defined as “knowingly engag[ing] in conduct which places another in reasonable apprehension of receiving a battery,” or in other words, threatening a person with physical harm. Assault is generally treated as a less serious offense than battery, which is the actual act of physically harming another person. However, if the assault involves the use of a deadly weapon, it may result in more significant consequences. If you have been accused of assault, your attorney can help you protect your rights and understand the extent of the criminal charges you may face.

Aggravated Assault With a Deadly Weapon

In Illinois, simple assault is a Class C misdemeanor, with possible penalties including up to 30 days of imprisonment and fines between $75 and $1,500. However, a variety of factors can increase the charges to aggravated assault, and many of these factors involve the use of a deadly weapon. For example, threatening harm to someone while brandishing a weapon such as a firearm, knife, or another object capable of deadly force, is considered a Class A misdemeanor, with a maximum imprisonment sentence of one year. Other forms of assault with a deadly weapon can be charged as a felony, including:

The words “assault” and “battery” are often used together when discussing criminal charges – so much so that it is understandable if you do not know the difference between the two. You may think that both of them involve causing physical harm to another person, but you can assault a person without ever touching them. There can also be a difference between assault and battery when it comes to the level of charge. A battery charge is potentially more serious than if you are charged with assault.

Understanding Assault

Illinois defines assault as causing someone to reasonably believe that you may physically harm them. A conviction is a Class C misdemeanor, which can result in a fine of as much as $1,500 and either as long as 30 days in jail or 30 to 120 hours of community service. You can be charged with aggravated assault if you: