As the temperature rises and summer approaches, people often spend more time outdoors, engaging in various activities. Unfortunately, the increase in outdoor interactions can sometimes lead to alterations and potential assault and battery charges. Understanding the self-defense laws in Illinois becomes crucial during such situations.
Assault and Battery in Illinois
- Assault: Under Illinois law, assault is defined as the act of intentionally causing a person to fear that they will suffer imminent bodily harm or offensive contact. It is important to note that actual physical contact is not necessary for an assault to occur. Mere threats or gestures that reasonably create fear in the victim can constitute assault.
- Battery: Battery, on the other hand, involves intentional and unauthorized physical contact with another person that causes bodily harm or offensive contact. Unlike assault, battery requires actual physical contact. The severity of the bodily harm or contact is one of the factors that determines the severity of the offense.
Defenses to Assault and Battery Charges
Illinois recognizes self-defense as a valid defense against assault and battery charges. If an individual reasonably believes that they are in imminent danger of bodily harm or offensive contact, they have the right to defend themselves using reasonable force. However, the force used must be proportional to the threat faced.
Similar to self-defense, individuals can use reasonable force to protect others from imminent bodily harm or offensive contact. The key element is that the belief in the necessity of defending another person must be reasonable under the circumstances.
If the alleged victim consented to physical contact, it can be a defense against battery charges. However, it is crucial to establish that the consent was given voluntarily and knowingly, without any coercion or deception.
Both assault and battery require intent. If the accused can show that the act was unintentional or accidental, it may serve as a defense against the charges. For instance, if the contact occurred due to a slip or trip, it may not qualify as battery.
Glasgow & Olsson Can Help if You are Facing Assault and Battery Charges
Facing assault and battery charges can be daunting and have severe consequences. In such circumstances, it is crucial to seek the guidance and representation of experienced attorneys. Glasgow & Olsson specializes in criminal defense and can provide invaluable assistance in the following ways:
- Building a Strong Defense: Glasgow & Olsson attorneys will work diligently to build a strong defense on behalf of their clients. They will gather evidence, interview witnesses, and challenge the prosecution’s case to ensure the best possible outcome.
- Court Representation: If the case proceeds to trial, they will provide aggressive courtroom representation, presenting a compelling defense on behalf of their clients.
When you need an attorney, experience matters. If you or a loved one has been accused of assault and or battery, contact us now for a confidential consultation.