Whether you “meant” to hurt someone can mean a lot if you are being accused of assault or battery in Illinois.
Illinois assault and battery laws say:
- Assault: intentionally placing someone in reasonable fear of immediate harm. Assault does not require physical contact.
- An example of what would be considered assault would be raising your fist and telling another person that you were going to punch them.
- Battery– Intentional physical contact or bodily harm. Battery usually involves physical contact.
- An example of battery would be intentionally throwing an object at and hitting someone to hurt them.
If you are facing assault or battery charges in Illinois, do not delay in contacting a Schaumburg criminal defense attorney at Glasgow and Olsson for the most trusted and knowledgeable legal defense.
What is the Prosecution’s Job in an Assault or Battery Case in Illinois?
When a prosecutor takes any case, including assault or battery, they have one mission in mind. That is, to win. Their job is to prove you guilty beyond a reasonable doubt, and they will use every piece of evidence they can to accomplish this goal, including
- Witness testimony
- Threats or statements of violence
- Bodycam/video footage
- Text messages
- Emails
- Surrounding circumstances
- A defendant’s history
Whether the case is assault or battery, the prosecution must prove every element of the charge beyond a reasonable doubt.
Working with an attorney at Glasgow and Olsson can make the prosecution’s job much harder and give you an advantage, improving your chances of success.
Proving Assault
A prosecutor must prove that you acted intentionally and that your conduct caused another person to reasonably fear immediate bodily harm for a basic assault conviction.
Here, the prosecution will focus on the alleged victim’s fear of imminent harm over physical contact because assault does not require physical contact.
Proving Battery
A prosecutor must prove that you acted knowingly and that you either caused bodily harm or you made physical contact of an insulting or provoking nature with another party for a battery charge.
The prosecution only has to prove your intent, and that physical contact indeed happened. They do not always have to prove that the alleged victim was seriously injured. Even if the contact you made with another person was only minor in nature, if the prosecution can prove that your actions were insulting or provoking, you can be convicted of battery in Illinois.
Get Qualified Legal Help Today
If you are being charged with assault or battery, call Glasgow & Olsson today. We are widely recognized as a leading authority in Illinois criminal law. For this reason, Attorney Thomas Glasgow is a trusted legal voice who is regularly invited to appear on major networks, including ABC, CNN, NBC, CBS, and Fox News.
Our legal team is known throughout Illinois for our:
- Decades of criminal defense experience
- Deep knowledge of state and federal law
- Relentless preparation and courtroom tenacity
We try cases. We do not push plea deals unless it is truly in the client’s best interest.
When your freedom is at stake, reputation and experience matter.
Speak with our Chicago criminal defense attorneys today and learn how decades of trusted experience can protect what matters most to you.