Chicago Assault Lawyer
Assault and battery are often used simultaneously to refer to the same event. Each state can have different definitions for the two, leading to much of the confusion as the media often use the two terms to refer to the same offense. However, assault and battery are both serious offenses and distinct in Chicago. Contact Fabbrini Law Group if you or a loved one is seeking legal defense.
Assault can be defined as the following offense:
- Threatening or displaying conduct that another individual interprets as believing a battery will occur.
- Using assaulting language to another, which might harm their honor or reputation.
- Attempting to commit a battery on another individual.
- Assault is generally considered a petty misdemeanor with a punishment range that may vary by state.
On the other hand, aggravated assault is much more serious and involves one of the following offenses:
- Committing an assault while wearing a mask or otherwise disguise.
- Willfully and intentionally assaulting someone with the intent to commit a felony.
- Unlawfully assaulting or striking at someone with a deadly weapon.
Battery can be quite different from assault, because it involves actual touching. Assault typically involves only the attempt to commit a battery or the threatening of a battery. Battery can be defined under law as the “unlawful, intentional touching or application of a force to another.” Aggravated battery can also be quite different from both assault and ordinary battery, because it is the touching of a person with the intent to injure someone.
The key to most assault and battery charges lies on the intent to commit the alleged offense. Battery can often be alleged by the simple accidental touching of another individual. This may happen on a near daily basis in crowded bus stops, concerts and even elevators. It can simply take an offended person to contact the authorities. Assault works in very much the same way and a person can definitely take a mock “threat” to heart, contacting authorities at any given moment. It is extremely important that you contact an experienced Fabbrini Law Group attorney immediately after charges are files in order to protect your criminal record. Our attorney can pick through the facts of the case and develop an argument based on your specific set of circumstances whether victim or not.