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Does The Degree Of Injury Affect An Assault Charge?


Not on the assault charge. The assault is just a threat that you’re going to batter someone. But when you batter someone, there are degrees of battery. There are aggravated batteries. Aggravated battery would be aggravated by a number of different things. One can be the person is a police officer, correction law officer or part district person. It can be aggravated and turn into a felony by causing great bodily harm. Great bodily harm is not as great as you think, it just means it requires a stitch, it’s something that breaks the skin, broken bones, all kind of those things would be aggravated and they are and that turns into a class 3 felony where you’re looking at 2 to 5 years in jail in Illinois.

There are different degrees of aggravated batteries, aggravated battery with the weapon. So let’s say you hit somebody with the gun, that turns into an aggravated battery not just a battery, or with the knife or something else, use any type of a deadly weapon and anything can be termed as deadly weapon. It could be a baseball bat, it could be a screwdriver, it could be a coffee pot, you can take your coffee pot and smash it over somebody’s head and technically, that could be termed as a deadly weapon. Vehicular aggravated battery is a separate charge and that’s a class 2 felony in Illinois.

There are a lot of things that can make a battery turn into an aggravated battery depending on the severity of the injuries, depending on who you’re doing it to, depending on what type of thing was used, whether it was a weapon or a car or something else. There are a lot of things that can make that a much worse situation and turn it into a more severe felony.

What Are The Penalties Associated With Assault And Battery Convictions?

Assault, in Illinois is a class C misdemeanor, so that means you get up to 30 days in jail and I believe it’s a $500 fine. If it turns into an aggravated assault where you’re pointing a gun at someone saying, “I am going to shoot your ass”, and the judge believes that the person really felt threatened by it, and that could be with the toy gun too actually counts as an aggravated assault. That’s a Class A misdemeanor and you can get up to a year in jail and up to a $2,500 fine. If it turns into an aggravated battery, that’s even different. An aggravated battery usually is a class 3 felony, which means 2 to 5 years in prison and up to $50,000 fine. If you shoot somebody with a gun, an aggravated battery with a weapon, that’s a class X felony, so you can be looking at 6 to 30 years in prison with no probation possible.

There are a lot of different varying things that goes to the extent of the injury, what type of weapon was used or what was the medium that caused the injury. There are a lot of different variables there but it goes all the way from as little as assault, class C misdemeanor, all the way up to class X felony for an aggravated battery with a weapon and it has 6 to 30 years in prison.

What Are The Potential Defense Strategies Used In Assault And Battery Cases?

Yes. Let me throw another defense in there is that you have defense of other because I had a case where one of my friends was going to pick up his friend in Oktoberfest thing and two of the bouncers were giving his buddy a real hard time and he gets see his friend who was fairly defenseless and if you’re trying to defend yourself like let’s say you’re my girlfriend and we’re walking down the street and I see some other girl coming up to you who’s going to clobber you. I have just as much right as you do to get in the way and I have every defense available and every justifiable use of force. In this case, my friend, as soon as he saw someone take a swing at his buddy, he stepped in and took a swing.

He hit the person that was swinging at his buddy, hit them one time, knocked him down, broke his eye socket. He was looking at aggravated battery charges, he was found not guilty because the judge found that it was a justifiable use of force because you are able to be in defenses called Defense of Others. So you can step in and exercise the same amount of lawful justification use of force as the actual person would have been able to use. So if that justifiable use of force is transferred to the person that’s there trying to help out. So you don’t have to sit there and if you see your buddy is about to get smacked and the other guy’s pulled his fist back and he’s about to hit them, you don’t have to wait for him to hit your buddy before you can hit that person.

You’ve got to be careful because you don’t want to look like the aggressor, the other person might say, “I never did anything and he blindsided me”, you hear that nonsense all the time. But you absolutely have the right to defend somebody else just as much as that person has the right to defend himself.

For more information on Impact Of Injury On An Assault Charge, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

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