When people call us after an arrest, they often feel blindsided because police charged them with both assault and battery. These terms sound similar, but under Illinois law, they are very different crimes with very different consequences. As Chicago criminal defense attorneys, we fight these cases every day. We know how prosecutors build them, where their evidence is weak, and how to strike back. Before you step into a courtroom, you need to understand the difference, because the charge you face determines the strategy we use to defend you. When your freedom is on the line, clarity is power.
How Illinois Defines Assault And Why The Accusation Is Serious
Under 720 ILCS 5/12-1, assault occurs when someone causes another person to reasonably fear they are about to be harmed. No physical contact is required. A raised fist, a threat, or even aggressive movement can trigger a charge if the other person claims they were put in fear. Prosecutors lean heavily on witness statements in assault cases, and they often try to inflate minor confrontations into criminal offenses. We know how to take that narrative apart. We examine angles, distances, witness credibility, and the context of the confrontation. Fear must be reasonable under the statute, and we do not let prosecutors sidestep that requirement.
How Illinois Defines Battery And When The Accusation Escalates
Battery is different. Under 720 ILCS 5/12-3, battery requires actual physical contact. The contact must be insulting, provoking, or cause bodily harm. Even minor contact can lead to a battery charge if the other person claims it was unwanted. What starts as a simple argument can turn into a criminal case if someone decides to use the legal system as a weapon. We counter that by challenging the evidence. We test the alleged injuries, question the motive of the accuser, and expose inconsistencies in every statement. When prosecutors push for harsher charges, we push back harder.
When Assault Or Battery Becomes A Federal Issue
Most assault and battery charges in Illinois stay at the state level, but federal charges can appear when the incident involves federal property, federal employees, or certain weapons. Under 18 U.S.C. § 113, assault on federal land or against protected personnel carries serious penalties. If your case has any federal aspect, we attack the government’s jurisdiction and the strength of its evidence. Federal prosecutors expect resistance, and that is exactly what we give them.
Why You Need A Defense Team Ready To Fight
Prosecutors count on fear, confusion, and pressure to make defendants accept deals that are not in their best interest. We do not allow that. We evaluate the case from every angle, weigh the evidence, and choose the strategy that protects you. Sometimes the smartest move is negotiation that exposes the weaknesses in the state’s case. Other times, the right choice is to fight aggressively in court. We do both, and we do it with precision. Our goal is the best possible outcome, and we work relentlessly to get it.
Assault And Battery Frequently Asked Questions
What Is The Main Difference Between Assault And Battery In Illinois?
Assault focuses on fear, while battery focuses on contact. Under 720 ILCS 5/12-1, assault requires the accuser to claim they were placed in reasonable fear of being harmed. Under 720 ILCS 5/12-3, battery requires physical contact that is insulting, provoking, or harmful. Prosecutors often charge both together, but they must prove different elements for each. Our defense strategy depends on which elements they can actually support with evidence.
Can I Be Charged With Both Assault And Battery From The Same Incident
Yes. Police often file both charges when there is a confrontation. Assault covers the moment before any physical contact, and battery covers the contact itself. We break these elements down and attack the weakest part of the case. If prosecutors cannot prove fear or cannot prove harmful or provoking contact, the charge can be reduced or dismissed.
How Serious Are The Penalties For Assault Or Battery In Illinois
Simple assault is usually a Class C misdemeanor. Battery is often a Class A misdemeanor, but it can become a felony if the accuser is an officer, a protected employee, a senior citizen, or if serious injury occurs. Felony battery carries the possibility of prison time. We evaluate the circumstances and fight to keep charges from escalating.
Can An Assault Or Battery Charge Be Dismissed?
Yes. Many cases fall apart when the accuser exaggerates, when witnesses contradict each other, or when prosecutors cannot support their claims with real evidence. We challenge every statement, every physical claim, and every recording. If the prosecution cannot meet the legal standard, their case collapses.
Will An Assault Or Battery Conviction Stay On My Record
A conviction can remain on your record permanently and can affect employment, licensing, and future legal rights. Some cases qualify for expungement or sealing if handled correctly from the start. We structure your defense with long-term protection in mind, not just the immediate fight.
How Does Self-Defense Apply In These Cases?
Illinois recognizes the right to defend yourself under 720 ILCS 5/7-1. If you used reasonable force to stop someone from harming you, that is a valid defense. Prosecutors often try to downplay self-defense, but we do not allow that. We gather evidence, witnesses, and context to prove your actions were lawful.
Call Edward Johnson & Associates For Your Free Consultation
If you are facing assault or battery charges, you need a defense team built to fight. At Edward Johnson & Associates, we protect our clients with aggressive courtroom advocacy and sharp negotiation strategy. We know how prosecutors build these cases, and we know how to dismantle them.
Contact our Chicago criminal defense lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our offices in Chicago serve clients throughout the entire Chicagoland metro. When your freedom is on the line, we step in, take control, and fight for you with absolute determination.