Assault and Battery

Will County, Illinois Assault & Battery Defense Lawyer

Assault and battery are serious criminal charges in Illinois and should not be taken lightly. If you've been accused of assault or battery in Joliet, Illinois, it's important to contact a skilled Will County assault and battery defense lawyer as soon as possible.

Battery Offenses in Joliet, Illinois

In Illinois, battery occurs when a person knowingly and without legal justification (or excuse) by any means, (1) causes bodily harm to an individual, or (2) makes physical contact of an insulting or provoking nature with an individual. The way these charges are beatable is by attacking one or more elements needed to prove a defendant guilty. Maybe there is no proof of bodily harm. Sometimes the contact made was not subjectively and objectively insulting or provoking. However, in the majority of battery cases, the battery occurs between two people without reliable witnesses to support either party's testimony. When this occurs, credibility becomes the most important issue. If neither party is credible, or if both parties are credible, a judge or a jury will be hard pressed to find guilt beyond a reasonable doubt on the part of the defendant.

Assault Offenses in Joliet, Illinois

The difference between assault and battery in Illinois is simple. While battery involves some type of contact, an assault charge is based on a person having "reasonable apprehension of an imminent offensive contact." In Illinois, you can be arrested for assault for threatening to physically harm someone. Even without explicit threats, if someone feels that they are in danger of being physically harmed by you, this could constitute assault.

Aggravated Assault Charges in Illinois

While most assault charges are Class C misdemeanors in Illinois, in certain circumstances, you can be charged with aggravated assault, which ranges from Class A misdemeanor to a Class 3 felony. Grounds for aggravated assault in Illinois include the following:

• If the alleged assault involved the use of a deadly weapon.
• If the defendant was hooded or disguised at the time of the alleged assault
• If the victim was elderly, handicapped, or a member of certain professions, such as a teacher, law enforcement official, or park employee.

An aggravated assault conviction in Illinois can result in a sentence of up to five years in prison.

Fighting Assault, Aggravated Assault, or Battery Charges in Illinois

Eric J. Blatti, an experienced Joliet, Illinois assault and battery lawyer, has an in-depth understanding of defenses to battery and assault charges in Illinois. If you've been charged with assault or battery in Will County, contact The Law Office of Eric J. Blatti, P.C. for an immediate, free consultation.