Chapter 720 Section 5/12‑1 of the Illinois Compiled Statutes defines the crime of Assault and the penalties associated with it as follows:

Sec. 12‑1. Assault
(a) A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.
(b) Sentence. Assault is a Class C misdemeanor.
(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of incarceration.

Chapter 720 Section 5/12‑3 of the Illinois Compiled Statutes defines the crime of Battery and the penalties associated with it as follows:

Sec. 12‑3. Battery
(a) A person commits battery if he intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.
(b) Sentence.
Battery is a Class A misdemeanor.

 

Assault and Battery lawyers

An assault involves conduct that places another person in reasonable apprehension of receiving a battery. A battery occurs when a person causes bodily harm to another or makes insulting or provoking physical contact with another. Both assault and battery are generally misdemeanors punishable by jail or a fine. But in addition to any other possible penalties, the court may also impose a term of community service. Certain assaults and batteries qualify as aggravated. Assaults or batteries that involved the use of a deadly weapon or firearm generally constitute aggravated assault or aggravated battery. Those against certain named categories of individuals, such as police officers, teachers, or the elderly, may also be charged as aggravated. Aggravated assaults and batteries generally involve more severe penalties and may even constitute a felony.

 

Certain defenses may apply to a charge of assault or battery, such as self defense and defense of others. Your criminal defense attorney will discuss the specifics of your case at length to determine if any such defense applies to your case.

 

The laws in Illinois include many other crimes as well that deal with bodily harm committed by one individual to another. An example of one such crime is Reckless Conduct which according to 2005 Illinois Compiled Statutes has been defined in Chapter 720 ILCS 5/12‑5 as:
(a) A person who causes bodily harm to or endangers the bodily safety of an individual by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm or endanger safety, whether they otherwise are lawful or unlawful.
(a‑5) A person who causes great bodily harm or permanent disability or disfigurement by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm, whether they otherwise are lawful or unlawful.
(b) Sentence.
Reckless conduct under subsection (a) is a Class A misdemeanor. Reckless conduct under subsection (a‑5) is a Class 4 felony.

 

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Mitchell S. Sexner & Associates LLC • Attorneys at Law since 1990

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