Although we often hear the terms “assault” and “battery” together, these are two distinct criminal charges under Illinois law. Being convicted of assault and/or battery can lead to heavy fines, a permanent criminal record, and possible incarceration. Having a conviction for assault or battery on your record can seriously damage your professional opportunities as well as your personal reputation. If you or a loved one have been charged with assault, aggravated assault, or battery, make sure you fully understand the criminal charges being brought against you and how to defend against these serious charges.

What Is the Difference Between Assault and Battery?

The crimes of assault and battery often occur within the same incident or altercation. An assault is defined as behavior that reasonably puts another person in fear of harm, while battery involves the actual infliction of harm or injury. An individual can be charged with assault even if he or she does not physically touch the alleged victim in any way. For example, raising your hand in a way that makes the other person believe you are going to strike him or her can be considered assault. A great number of actions can be considered battery, including slapping, kicking, punching, spitting, and other provoking or insulting contact. You may be surprised to learn that a person does not need to suffer actual bodily harm or pain in order to be considered a victim of battery. Actions that are demeaning or intentionally inflammatory can constitute battery under Illinois law.

Being arrested and charged with a crime can be a shocking and overwhelming experience. In some cases, a person can be falsely accused of an offense. It is important to know that individuals accused of a crime are protected by the United States Constitution as well as other statutes. It is critically important for anyone who is facing criminal charges to remember that he or she is entitled to certain rights as a criminal defendant, in addition to being innocent until proven guilty. When a defendant’s rights are violated, it can dramatically affect the outcome of any future criminal proceedings.

Your Right to Remain Silent

If you have ever watched a true crime television show or movie, you probably heard the phrase, “You have the right to remain silent.” This right is specifically stated in the Miranda Warning, a list of notifications typically given by police to a criminal suspect upon arrest. The right to remain silent is protected by the Fifth Amendment to the U.S Constitution. The Constitution states that a criminal defendant cannot be “compelled in any criminal case to be a witness against himself.” Put another way, you cannot be forced to incriminate yourself. If you are arrested and taken into police custody, calmly tell police officers that you are utilizing your right to remain silent and then say nothing. Do not consent to any police questioning or interrogations until you have a lawyer present. Choosing to remain silent will ensure that you do not say anything that can be used against you in any resulting criminal proceedings. It also helps ensure that you are not tricked into saying something you do not mean during a stressful interrogation.

After being involved in a car accident, a driver may feel anxious and panic. Upon realizing he or she is not hurt and the vehicle is still drivable, the motorist might attempt to flee the scene to avoid trouble. However, fleeing or eluding can bring on its own punishment if the person is eventually stopped by the police. Even if an accident has not occurred, if a driver fails to stop when a police officer is attempting to pull him or her over, the driver can face significant penalties in Illinois.

What is Fleeing and Eluding?

According to Illinois law, a person is fleeing--or eluding--if he or she fails to stop after being given a visual and/or verbal signal from a police officer attempting a traffic stop. In cases of vehicle collisions, a person must stay on the scene until the authorities arrive to investigate the accident. If a driver leaves, he or she will face a Class A misdemeanor charge.

Adults are not the only ones who make mistakes that could possibly land them inside a courtroom. Minor children can also make judgment errors that lead to criminal charges. For a juvenile, there are many aspects of a criminal case that are different, making it vital that both the defendant and his or her parents understand the process and the potential outcomes. However, it is just as important that the accused juvenile and his or her parents are aware of how they can help, or hurt, the child’s case. Juvenile criminal defense is much different than a defense for an adult, even if they are accused of the same crime.

Speak Openly With Your Lawyer

A juvenile defense attorney will need a lot of information from the defendant in order to help represent him or her in court. While some things may seem inconsequential, such as the juvenile's grades in school or a learning disability, these details could mean the difference between spending time in juvenile detention or being sentenced to community service or behavioral therapy. 

With the advent of new technologies and our increased reliance on them, it is easier than ever for someone to get their hands on all kinds of personal information. Once an individual has access to a person’s name, address, phone number, social security number, or tax ID number, they can gain access to many personal records. 

Identity theft is not uncommon in the United States. In 2016, there were nearly 26 million victims of identity theft in the U.S, according to the Bureau of Justice Statistics. Being charged with identity theft is a serious charge and can mean severe consequences if you are convicted.