Tag Archives: aggravated assault

Naperville Assault Lawyer

Self-defense is often a legitimate argument when defending against assault or battery charges, but it can only be a defense in certain situations. If you acted in self-defense, it is possible you acted with force that would otherwise be illegal. 

Like many states, Illinois understands there are some situations in which you have no other choice but to use force to protect yourself, your loved ones, or your property. The Illinois Criminal Code contains all of the stipulations and requirements that you must meet in order to claim self-defense. Depending on the circumstances, defending against charges of assault or battery can be difficult, but it can be made easier with the help of a knowledgeable criminal defense lawyer.

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“Blue Lives Matter” Bill Could Add Police to Protected Class in Illinois, Undermine Black Lives Matter MovementAccording to the Southern Illinoisan, lawmakers have pushed forward a bill that could make an act of violence toward a police officer, correctional officer, or emergency responder a hate crime, if it can be established that the crime was committed in order to terrorize or intimidate that person because of their protected status (of being a law enforcer or first responder). The bill is being co-sponsored by Southern Illinois Sens. Paul Schimpf and Dale Fowler as part of their campaign promises. If the bill becomes law, it could mean extra punishment for those who are charged with police battery, which is already a serious felony in Illinois.

Opponents of the Bill Point to The Fact That Adequate Laws Are Already in Place

The Black Lives Matter movement was initiated to bring awareness to the brutal and deadly treatment that African-Americans often face when they have encounters with the police. You are more likely to be stopped and frisked, beaten, taken to jail, or killed by a law enforcement agent if you are black than if you are white. The statistics have been gathered for decades, yet little to nothing has been done to combat police abuse of minorities, especially African-Americans. Opponents of the bill point to the blatant disregard for what the Black Lives Matter movement is attempting to accomplish: putting an end to police abuse. And, Ed Yohnka of the American Civil Liberties Union of Illinois, makes that claim that he thinks “the problem with this proposal, really, you can sort of read it in the title of Blue Lives Matter, because it’s clearly an attempt to shift focus away from the work of the Black Lives Matter movement.” Furthermore, Mr. Yohnka said that laws that appropriately penalize violence against law enforcement already exist and that, “Those laws have been in place for a number of years.”

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What is the Difference Between Assault and Battery Under Illinois Law?

Assault and battery are similar crimes in some respects under Illinois law but do contain different elements. Both assault and battery generally are misdemeanor crimes, but certain characteristics of these crimes can elevate them to aggravated status, which can result in more serious penalties if you are convicted. Fortunately, there are some defenses to assault and battery charges that may apply in your criminal case, but only an experienced Illinois criminal defense attorney can help you identify and present these defenses to the court.

Defining Assault

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 aggravated assault, aggravated battery, assault and battery, Class C misdemeanor, commit a crime, definition of assault, Kane County criminal defense attorney, words can get you in troubleThreatening someone through physical action, such as throwing a fist in their direction, or simply threatening to hit them in the face, can get you arrested for assault. Hence, words can get you in trouble. However, if you do manage to hit the other person, it is clearer that you have committed a crime. In that case, you can be charged with battery or aggravated battery, depending on the circumstances of the case. Nevertheless, whether or not that fist connects, as long as the other person reasonably thinks you are about to touch them, you have committed a crime.

Misconceptions Surrounding the Term "Assault" 

Despite common usage, the legal definition of assault does not require any physical contact with another person. Assault in the legal sense can be best understood as a threat of physical contact, which the person against whom it is made reasonably thinks is about to happen. In Illinois, a person commits an assault when he or she knowingly puts another person in reasonable apprehension of being touched in a harmful or offensive manner. This kind of assault is a Class C misdemeanor for which you may go to jail, or receive another sentence, and be forced to perform up to 120 hours of community service.

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