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.
...