Often times people confuse the legal terms of “assault” and “battery” and are often used interchangeably by the general public, leading to confusion about their distinct meanings. Under the law in Illinois Assault and Battery have two different but related meanings and the penalties differ for each. Battery is usually classified as the more serious of the 2 charges and actually involves contact by the offender to the victim. Whereas, with assault, there is no contact. Instead there is an action committed by the offender that puts the victim in imminent apprehension that a battery is about to be committed upon them. Assault can be as slight as the offender flinching toward the victim and pretending that they may throw a punch.
Without any other aggravating factor, the offense of Battery in Illinois is a Class A misdemeanor. This means the possible punishment is up to a year in jail and fines of up to $2,500 plus any applicable court cost. Likewise, the charge of Assault, without any aggravating factors, is a class C misdemeanor and has possible punishments of up to 30 days in jail, fines of up to $1,500 dollars plus any court costs. Additionally, with assault charges in Illinois, there is a mandatory minimum 30 hours of public service work, assuming there is not a term of incarceration.
Assault in Illinois is defined as
(720 ILCS 5/12-1) Sec. 12-1. Assault. (a) 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.
There are several ways that an assault charged can be enhanced to Aggravated Assault. When this happens the charge can range from a Class A misdemeanor to a Class 3 Felony depending on the circumstances of the enhancement.
Assault can be enhanced to a class A misdemeanor based on where the assault happens, or the status of the victim. If enhanced to a class A misdemeanor the possible penalties are increased from a possible 30 days in jail to a year in jail, and the maximum fine is increased from $1,500 to $2,500.
An assault committed against any of these people will be charged as a class A misdemeanor aggravated assault
An assault committed in any of these places will be charged as a class A misdemeanor aggravated assault
Additionally, assault will be charged as a Class A misdemeanor if committed by pointing anything that looks like a gun at the victim, including a gun or an air pistol.
If any type of weapon is used, including a firearm, stun gun, or a knife, when committing an assault on a private security guard, utility worker, or an employee of the State, then it will be charged as a class 4 felony with a possible sentence of 1-3 years in the Department of correction or up to 30 months probation. Additionally any of the following situation will be charged as class 4 felony assault
An assault charge will be a class 3 felony, with possible punishment of 2-5 years in the Department of Corrections or probation up to 30 months, if a person commits an assault by discharging a firearm from a motor vehicle, or uses a vehicle to commit an assault against any of the above mentioned persons.
A battery charge, without any enhancing factors will be charged as a class A misdemeanor. Unlike assault, battery involves the offender actually making contact with the victim. Below is the Illinois statute for Battery
(720 ILCS 5/12-3) (from Ch. 38, par. 12-3) Sec. 12-3. Battery. (a) A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.
There are several ways a battery charged can be enhanced to a felony aggravated battery. This can be based on the location of the offense, the standing of the victim, or the injuries that were suffered as a result of the battery. A battery charge will be enhanced to a felony if any of the following apply:
Aggravated battery ranges from a Class 3 felony which has possible penalties of 2 to 5 years in prison or probation up to 30 months, all the way to a Class X felony with a sentencing range of 6-30 years in prison with no eligibility for probation.
Domestic battery in Illinois is a battery that is committed against a “family or household member”. The definition of family or household member is very broad and can include roommates, ex-boyfriend/ex-girlfriend, persons who have a child in common, persons who are married, persons who are in a dating relationship, etc. While the elements of a domestic battery are very similar to a simple battery, the potential consequences are different. If convicted of Domestic Battery, there is not an option for court supervision or any other type of disposition that would eventually lead to a dismissal of the charges. Additionally, there is currently no mechanism under Illinois law that can have a domestic battery charged sealed or expunged. Therefore, if a person is convicted of a domestic battery, that charge will be with them for the rest of their life.
Aggravated domestic battery is a domestic battery charge where the offender strangles the victim. This is a class 2 felony that is subject to truth in sentencing. That means, anyone sentenced to the Department of Corrections for an aggravated domestic battery will have to serve 3-7 years in prison and must serve at least 85% of that sentence. Aggravated battery is also eligible for probation, but if probation is given, the offender will have to serve a minimum of 60 days in the county jail, without day for day credit.
Written By: Attorney Jonathan James
Rockford Criminal Defense Attorney