Tag Archives: aggravated battery

Naperville criminal defense attorneys, residential arson, aggravated batteryAn Illinois man is being charged with arson and battery, in addition to other crimes, after allegedly attacking his brother’s fiancé. The 36-year-old defendant allegedly beat the 32-year-old female victim with a hammer before pouring gasoline on her in the town of Joliet. She was rescued by good samaritans before the man took any further actions, allegedly, as reported by People Magazine. According to one of the passersby who intervened in the struggle, “She was covered head to toe in blood and was burnt.” The woman screamed, “He tried to kill me! He hit me with a hammer! He tried to light me on fire!” The house was set on fire as well, and the man was found by police standing in the driveway with bloody hands; the hammer and lighter fluid were found at the scene as well. The man is facing seven separate counts, which include aggravated battery, residential arson, and aggravated arson. His bond was set at $2 million.

Residential Arson

Residential arson, as defined by Illinois statute 720 ILCS 5/20-1, occurs when a person knowingly damages any real or personal property of another, without their consent, by fire or explosive substance and that property is valued at $150 or greater. Additionally, residential arson is committed when the defendant’s intention was to defraud an insurance company. Residential arson is a Class 2 felony, punishable by three to seven years in prison.

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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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In Illinois, the crime of aggravated battery is considered a serious offense and is punishable as a third-degree felony. An Illinois Appeals Court reaffirmed this in a recent case where a minor was injured after participating in a choking game. Despite the age of the defendant and the victim’s consent to being “choked out” in order to induce unconsciousness, the court refused to accept the defendant’s defense of consent.

People v. Ford

In December 2012, 15-year-old T.B. and several other teenagers were at a friend’s house smoking cigarettes and marijuana. At some point during the day, T.B. allegedly gave the defendant, Michael Ford, who was also a minor, permission to place him in a choke hold in order to cause him to pass out. The two agreed that if T.B. tapped on the Ford’s arm, then he would release the hold. Ford proceeded to place T.B. in the hold, but he soon after tapped on the defendant’s arm. However, Ford did not release him, and, as a result, T.B. passed out, had a seizure, and eventually regained consciousness with a nosebleed. Ford was subsequently found guilty of aggravated battery.

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assault and battery, Illinios criminal defense attorney, Illinois defense lawyer,An Illinois man who was in criminal court for a routine appearance in an unrelated aggravated battery case is now facing additional charges after suddenly breaking free from the sheriffs who were leading him back to a holding area and pummeling the presiding judge. At this time, it is not clear what injuries the judge has sustained, but it is likely that even with the judge sustaining minor injuries, the man will face additional aggravated battery charges based on the victim being a judge.

Aggravated Battery in Illinois

In Illinois, aggravated battery is defined based on various categories based on the injuries the victim sustains, the use of a weapon by the person committing the battery, the location of the battery, or the status of the victim. Under the definition of aggravated battery based on the status of the victim, a person can be prosecuted for committing a battery knowing the victim to be a judge who is performing his or her official duties; to prevent the judge’s performance of his or her official duties; or in retaliation for the judge performing his or her official duties. The reason for the man’s actions has not been reported, however, the prosecution could argue that the man here committed a battery on the judge knowing him to be a judge performing his official duties. A battery is committed when a person intentionally or knowingly causes another person bodily harm.

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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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