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Kathryn L. Harry & Associates, P.C.
630-472-9700Available 24/7

IL defense lawyerAlthough assault and battery are two different charges, the two are very similar and can often be confused. Both crimes require intentional harm towards another person but they have different outcomes. The results of the two charges are also very different. Knowing the legal definition of the two charges can mean a world of difference if you have been involved in a violent crime.

Assault

The word “assault” can be deceiving to those not well-versed in the law. Being charged for assault is much different than most people think. No one has to actually be physically harmed in the process. Assault is all about intent, which can occur through words or actions. If something you said caused someone immediate fear of being harmed, you can be charged with assault.

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assault battery illinoisThe terms “assault” and “battery” are often incorrectly used interchangeably. Although they are often used in conjunction, knowing the distinctions between the two can clarify some misconceptions about the crimes. When determining whether an action constitutes assault, battery, or both, there are three primary things to keep in mind.

#1: Assault occurs when there is no contact, but for a battery, there must be actual physical contact.

The legal definition of “assault” actually includes the term “battery.” The cryptic definition explains assault as putting another in “reasonable apprehension of receiving a battery.” Essentially, this means you know you are about to get hit. You had to “see it coming,” so to speak. Also, the person must have intended to put you in fear of a battery. That simply means that it was not an accident.

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law enforcementRecently, Federal Bureau of Investigations Director James Comey paid a visit to Illinois law enforcement officers to discuss FBI priorities in the region. According to news coverage on the subject, he said that stopping violent crime and police corruption are priorities in the area. This statement was consistent with what FBI’s new local agent in charge, Sean Cox, declared at a conference about a month earlier. Mr. Comey also indicated that the FBI would soon be increasing its number of employees throughout the country.

What exactly is meant by these FBI enforcement priorities?

Public Corruption

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class X felonyYou may have noticed in some Illinois news stories that people are charged with Class X felonies. The term “Class X felony” may raise questions for some, as it does not seem to cleanly fit into the scheme of Illinois felony classifications. Other Illinois felonies, except for first degree murder, are be classified as Class 1, Class 2, Class 3, Class 4 felonies.

Class X Felony Defined

In short, a Class X felony is one of the most serious types of felonies that can be committed in Illinois. Some examples of Class X felonies include:

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illinois domestic violence lawIllinois recognizes two types of domestic violence: domestic battery and aggravated domestic battery. Domestic battery is a Class A misdemeanor and may result in up to one year in jail and a $2,500 fine. Aggravated domestic battery is a Class two felony, which carries a possible sentence of one to five years of incarceration and fines of up to $10,000, or more depending on the offense.

Domestic Battery

Under Illinois law, a person commits domestic battery when he or she causes bodily harm to a household or family member. Likewise, domestic battery may be charged against a person who merely makes physical contact of an insulting or provoking nature with a family or household member. A person may commit the broadly-defined crime of domestic battery by committing a variety of acts such as perpetrating physical abuse, harassing or intimidating a family member, interfering with a family member’s liberty or willfully depriving a dependent family member of necessary goods or supplies (such as in a case of elder abuse).

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