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Assault & Battery Lawyers

Assault & Battery Attorneys Serving Kane, Kendall & DeKalb Counties

Illinois law defines “assault” as something that occurs when an individual engages in conduct which directly places another individual in a position that leaves them with reasonable fear of receiving a battery of some kind. Battery, on the other hands, is what happens when an individual directly causes bodily harm to someone else. Additionally, battery can occur when a person insults another to a certain degree to provokes physical contact with them.

If you cause harm to someone else directly, in other words, using your own hands (or a weapon under your control), you have committed battery. If you act in a way that leaves someone reasonably concerned about being battered, then you have committed assault. It is important to recognize that although these two issues are related and are often erroneously used interchangeably, they are distinct offenses under the eyes of the law. That means that they can be charged separately, landing an alleged perpetrator with two charges rather than one.

What is assault?

Now that we understand that battery is directly harming someone, you might be a bit confused about the definition of assault. It can be a difficult concept to understand! Essentially, the crime of assault under Illinois law occurs when someone acts in such a way that another person becomes reasonably afraid. If your actions cause someone else to become afraid they might be harmed, and if that fear is reasonable given the circumstances and your specific actions, then you have committed assault.

Note that you do not have to have physically touched or harmed anyone to be charged with assault. Even something like showing a weapon or raising your fist or hand to another person can be considered assault. Acting in a threatening way could be considered assault. The biggest mistake that clients tend to make is assuming that assault requires them to have directly harmed someone physically. This is not the case, and you can be charged even if you never laid a hand on the victim. That is why it is so important to reach out to a knowledgeable attorney like the attorneys at Van Der Snick Law Firm, LTD.

If you have found yourself facing charges of assault or battery, it is important that you reach out to an experienced attorney as quickly as possible. At Van Der Snick Law Firm, LTD our lawyers have years of experience in helping individuals fight battery and assault charges. We understand how the system works, and will work hard to ensure that you receive the most favorable result from your case possible.

What is the punishment for battery and assault?

The crimes of assault and battery are both considered misdemeanors. Do not make the mistake of thinking that this means they are not serious, however, as they are still criminal charges. Being convicted of assault or battery can have a serious impact upon your life, both in the long term and the short term. The most common punishment for this kind of criminal offense is jail time, a fine, or community service hours. Depending upon the circumstances behind the assault and battery, you might face a combination of all three.

Assault in particular can carry up to 30 days of jail time and a $1500.00 fee. And even if you do not end up with jail time, you should know that anyone convicted of committing assault in Illinois is required to complete a minimum of 30 hours of community service. The courts can require you to complete as many as 120 hours.

Can you fight assault and battery charges?

If you are convicted of assault and battery, you could find yourself in a position that puts you at risk of finding yourself behind bars. This could be a devastating outcome, especially if you have a family to provide for or if you would lose your job while in jail. That is one of the reasons why it is so important to enlist the services of an experienced attorney who understands how to defend against these charges as quickly as possible. Do not wait until after you have already been convicted to find a lawyer! Offense is always better than defense when it comes to fighting criminal charges.

Contact An Assault & Battery Lawyer Today For Help!

There are various defenses to assault and battery charges. One of them, for example, might show that your actions were not enough to induce fear in a reasonable person. In order to best determine how to move forward with your case, however, and find the best defense to help you avoid jail time, we need to know the specifics. You should contact Van Der Snick Law Firm, LTD today and speak with one of our professionals. We can listen to your case and even set up a consultation to help determine how we can help.