Assault & Battery

ILLINOIS CRIMINAL OFFENSES THAT COULD LEAD TO ARREST, JAIL TIME, SUBSTANTIAL FINES, COSTS, PUBLIC SERVICE HOURS, AND CONVICTIONS ON YOUR CRIMINAL RECORD

 

PEORIA, ILLINOIS LAWYERS WHO PROTECT YOUR INTERESTS, LIVELIHOOD, AND ABILITY TO PROVIDE FOR YOUR FAMILY.

aressAssault (720 ILCS 5/12-1)
Aggravated Assault (720 ILCS 5/12-2)

If you are charged with Assault (sometimes referred to as Simple Assault) you will need legal representation. Assault is a Class “C” misdemeanor, punishable by up to 30 days in the County Jail and/or a fine of up to $1500. If the sentence does not include jail, you would be required to perform at least 30, but not more than 120, community service hours for a conviction.

Assault occurs when a person reasonably believes that they are about to be the victim of a battery. It most commonly occurs when someone makes a movement that indicates they are about to hit or kick someone but doesn’t follow through, or misses with the attempt to strike. However, any attempt at making a person the subject of an “unwanted touching” can be considered an assault. Assault can often be thought of as an attempted battery.

In order to prove an Assault beyond a reasonable doubt the Prosecution must prove several elements. First, that the conduct involved was knowingly done by the accused. Second, that the victim believed they were about to receive a battery and that belief was reasonable. Finally, that the accused did not have lawful authority to commit the act.

Of those three elements, in the overwhelming majority of Assault cases, it is easy for the Prosecutor to prove that the person did not have lawful authority. Essentially, they just have to show that the accused is not a police officer, medical professional, or firefighter acting in their professional capacity.

The other two elements can often be difficult for the prosecution to prove, however. Proving that a person knowingly performed an act can often be problematic for the State, especially if the accused is highly intoxicated at the time of the offense. Intoxication can be what is called an “affirmative defense”. Affirmative defenses are highly technical and are best prepared by an experienced criminal defense attorney.

The State also has to show that the victim’s belief they were about to be subjected to a battery must be reasonable. The term “reasonable” can be difficult to define, and varies from person to person. An experienced attorney may be able to effectively cross-examine the victim of the alleged assault in Court, and show that their belief was, in fact, not reasonable.

Some assaults can be elevated to more serious misdemeanors or even felonies if certain conditions apply, such as the location the assault took place, the status of the victim (age, employment, mental or physical handicap), or the type of weapon used. When elevated under these circumstances, the charge is referred to as “Aggravated Assault”. If you are charged with Aggravated Assault, it is even more critical that you contact an experienced criminal defense attorney to assist you with your case. Discharging a firearm from a motor vehicle or trying to strike someone with a motor vehicle, for example, is a Class “3” Felony, punishable by 2 to 5 years in the Department of Corrections and/or a fine of up to $25,000.

If you have been charged with Assault or Aggravated Assault, contact the experienced criminal defense attorneys at Hall, Rustom & Fritz to handle your case.

RESPONSIVE, CAPABLE AND ATTENTIVE LEGAL ADVICE. PEORIA, ILLINOIS LAWYERS WHO CARE ABOUT THE RESULTS WE OBTAIN FOR OUR CLIENTS.

Below are the precise statutes published in the Illinois Compiled Statutes. If you are charged with one of these offenses, email Jeff Hall at jhall@hallrustomfritz.com.

(720 ILCS 5/12-1) (from Ch. 38, par. 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.

(b) Sentence. Assault is a Class C misdemeanor.

(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of incarceration.

(Source: P.A. 96-1551, eff. 7-1-11.)

(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)

Sec. 12-2. Aggravated assault.

(a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue.

(b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following:

(1) A physically handicapped person or a person 60 years of age or older and the assault is without legal justification.

(2) A teacher or school employee upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.

(3) A park district employee upon park grounds or grounds adjacent to a park or in any part of a building used for park purposes.

(4) A peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, or utility worker:

(i) performing his or her official duties;

(ii) assaulted to prevent performance of his or her official duties; or

(iii) assaulted in retaliation for performing his or her official duties.

(5) A correctional officer or probation officer:

(i) performing his or her official duties;

(ii) assaulted to prevent performance of his or her official duties; or

(iii) assaulted in retaliation for performing his or her official duties.

(6) A correctional institution employee, a county juvenile detention center employee who provides direct and continuous supervision of residents of a juvenile detention center, including a county juvenile detention center employee who supervises recreational activity for residents of a juvenile detention center, or a Department of Human Services employee, Department of Human Services officer, or employee of a subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons:

(i) performing his or her official duties;

(ii) assaulted to prevent performance of his or her official duties; or

(iii) assaulted in retaliation for performing his or her official duties.

(7) An employee of the State of Illinois, a municipal corporation therein, or a political subdivision thereof, performing his or her official duties.

(8) A transit employee performing his or her official duties, or a transit passenger.

(9) A sports official or coach actively participating in any level of athletic competition within a sports venue, on an indoor playing field or outdoor playing field, or within the immediate vicinity of such a facility or field.

(10) A person authorized to serve process under Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court, while that individual is in the performance of his or her duties as a process server.

(c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following:

(1) Uses a deadly weapon, an air rifle as defined in the Air Rifle Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.

(2) Discharges a firearm, other than from a motor vehicle.

(3) Discharges a firearm from a motor vehicle.

(4) Wears a hood, robe, or mask to conceal his or her identity.

(5) Knowingly and without lawful justification shines or flashes a laser gun sight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.

(6) Uses a firearm, other than by discharging the firearm, against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, employee of a police department, employee of a sheriff’s department, or traffic control municipal employee:

(i) performing his or her official duties;

(ii) assaulted to prevent performance of his or her official duties; or

(iii) assaulted in retaliation for performing his or her official duties.

(7) Without justification operates a motor vehicle in a manner which places a person, other than a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.

(8) Without justification operates a motor vehicle in a manner which places a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.

(9) Knowingly video or audio records the offense with the intent to disseminate the recording.

(d) Sentence. Aggravated assault as defined in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that aggravated assault as defined in subdivision (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category II, or Category III weapon is used in the commission of the assault. Aggravated assault as defined in subdivision (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated assault as defined in subdivision (c)(3) or (c)(8) is a Class 3 felony.

(e) For the purposes of this Section, “Category I weapon”, “Category II weapon, and “Category III weapon” have the meanings ascribed to those terms in Section 33A-1 of this Code.

(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. 1-1-14.)

If you are charged with Assault or Aggravated Assault, it is crucial that you contact an experienced criminal defense attorney to represent you. Attorney Jeff Hall is a former prosecutor in Central Illinois and he can assist you. Email Jeff at jhall@hallrustomfritz.com.