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What Makes an Assault Charge a Felony Crime in Illinois?

Posted on in Criminal Law

McHenry County criminal defense attorneyA violent crime against another person is one of the most serious offenses you can be accused of committing. Crimes such as assault and battery may seem less severe compared to offenses like sexual assault or murder, but they can still result in rather substantial penalties. In Illinois, assault and battery charges often go hand in hand, and they can be misdemeanors or felonies depending on the circumstances. Understanding what type of crime you are accused of and the potential penalties can help you with a defense strategy for your case.

What is Assault?

Often, assault and battery are used interchangeably. However, these two terms do not mean the same thing in the eyes of the law. According to Illinois law, assault occurs when a person is placed in reasonable fear of being hurt, while battery occurs when a person is actually injured. This means that you can be charged with assault if you created a situation that caused another person to fear that they were going to be physically harmed, even if no physical harm occurred. In many cases, assault is charged as a Class C misdemeanor, with a conviction often resulting in only probation or court supervision, depending on the situation. Felony assault, however, comes with more serious consequences.

Understanding Felony Assault Charges

Assault is punished as a felony crime under certain circumstances that increase the seriousness of the act. An assault can be classified as a felony based on the location where the crime took place, the status of the victim, the use of a deadly weapon during the crime, or the use of a motor vehicle. For example, the assault with a dangerous weapon of a police officer or other public official is charged as a Class 4 felony, which carries a prison sentence of one to three years and up to $25,000 in fines. An assault that involves a person shooting a firearm from inside of a motor vehicle is a Class 3 felony, which carries a prison sentence of between two and five years and up to $25,000 in fines.

Contact Our McHenry County Assault Defense Attorney Today

If you have been charged with either assault or battery, you could be subject to various penalties, including expensive fines and jail time. At Botto Gilbert Lancaster, PC, our goal is to help you understand what course of action would be in your best interest and to provide you with the best possible defense. Our skilled team of Crystal Lake, IL assault defense lawyers is here to help you through this difficult time. To schedule a free consultation with one of our attorneys, contact our office today at 815-338-3838.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+12%2C+Subdiv%2E+5&ActID=1876&ChapterID=53&SeqStart=21300000&SeqEnd=23400000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073000050HCh%2E+V&ActID=1999&ChapterID=55&SeqStart=22600000&SeqEnd=39800000

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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