According to the National Center for Victims of Crime, in 2012 residents of the United States ages 12 and older were victims of over 900,000 battery and assault cases. And while those numbers have been generally on the decline, there are certain demographics and geographical areas in Illinois and other states that have been hit particularly hard.
Muddying the waters further is the fact that many individuals find themselves on the end of false charges, misrepresented facts, and wrong place, wrong time scenarios.
In the US, individuals are presumed innocent until proven otherwise, however just being charged can tarnish and have serious implications on the reputation of an individual.
At Sexner and Associates LLC, a leading Chicago based law firm ranked among the Top 100 trial lawyers by “The National Trial Lawyers” organization, they stress the need and value of quality representation and the importance of having an advocate to fight for your rights and justice. Having the right criminal defense attorney can make the difference between an acquittal and a guilty verdict.
Many Illinois Residents are Confused about Battery & Assault Law
Assault refers to intentional actions that reasonably result in another person or persons feeling afraid of impending violence. For example, yelling at someone while advancing forward and clenching fists may constitute assault. Even threatening violence (without acting) may result in an assault charge (720 Ill. Comp. Stat. § 5/12-1.)
Battery, on the other hand, is the result of either intentionally causing bodily harm to another or provoking physical contact (i.e. pushing someone). Even if the physical contact is not painful, touching someone without their permission may still be considered battery in Illinois. Battery can also involve the throwing and striking of another individual with an item (720 Ill. Comp. Stat. § 5/12-3).
Because the laws can be confusing, Sexner and Associates LLC advises clients to seek legal counsel at the first indication of any potential legal problems.
Penalties for Battery in Illinois
A simple battery in Illinois is considered a Class A misdemeanor, and if convicted, an individual may face any of the following penalties (730 Ill. Comp. Stat. § 5/5-4.5-55):
- Up to one year imprisonment, a fine of up to $2500, or both
- Up to two years probation, and
Penalties for Assault in Illinois
A simple assault in Illinois is considered a Class C misdemeanor, and if convicted, an individual may face any of the following penalties (730 Ill. Comp. Stat. § 5/5-4.5-65):
- A fine of up to $1500, up to 30 days imprisonment, or both
- Up to two years probation
- Community service (if no imprisonment), and
Plea and Pre-Trial Options
According to Sexner and Associates LLC, if you or a loved one is facing a charge of battery or assault, hiring a qualified attorney can help you navigate the difficult legal waters, investigate your case, and help you craft a defense or uncover whether you have been wrongfully charged before trial. In cases where charges are not dismissed, an attorney fighting on your side may be able to negotiate a plea deal, or at a minimum, prepare a strong defense in your favor.
The Benefit of Quality Representation
Convictions of assault or battery, while often misdemeanors, do become part of an individual’s permanent criminal record. This can have a substantial impact over the course of a person’s life, including hurting prospects for finding a job, getting approved for a loan or renting an apartment. And if that individual ever finds themselves in the legal crosshairs in the future, a past criminal record can be used to impose a harsher sentence in a new case.
Having an experienced law firm with a solid track record of successful client outcomes is key to making sure your rights are upheld and justice is carried out. At Sexner and Associates LLC, they have helped countless Illinois residents win favorable outcomes.
About Mitchell S. Sexner & Associates LLC
Over a period of more than twenty-five years, the award-winning attorneys at Mitchell S. Sexner & Associates LLC have fought on behalf of clients seeking fairness and justice in their everyday lives. With a firm belief that everyone has the right to be treated fairly, they have successfully represented more than twenty thousand satisfied clients. Their highly proficient legal team is comprised of experienced litigation attorneys with years of training and specialized legal skills.
Company Name: Sexner & Associates LLC
Contact Person: Mitchell S. Sexner
Email: Send Email
Phone: (312) 644-0444
Address:2126 W Van Buren St
Country: United States