Assault vs. Battery: Understanding the Fine Print

 Posted on September 18, 2018 in Assault & Battery

Although 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.

For example, if someone threatens to shoot you while holding a fake gun, but you think the gun is real, you can charge the person for assault. Because you believed that their intent was violent, the charge is assault. The charge for assault is much more relaxed than battery since no harm was actually done. In Illinois, the criminal charge of assault results in up to 30 days in jail and/or up to a $500 fine.

Battery

Battery is when one person makes intentional and harmful or offensive contact with another person. Though the definition seems straightforward, this charge has blurred lines as well. There are various ways in which battery can occur. Battery can be direct and immediate, indirect and immediate, or indirect and remote.

Here are examples of the different forms of battery:

• Direct and Immediate: Person A punches Person B.
• Indirect and Immediate: Person A throws a ball at Person B.
• Indirect and Remote: Person A setting a trap that Person B falls into days later.

Battery is a much more serious offense than assault because harm was actually inflicted on another person. A misdemeanor battery charge can result in up to 364 days in jail and a fine of up to $2,500.

Seek Legal Help

As you can see, assault and battery charges can be confusing since each charge has a lot of fine print underneath it. At Kathryn L. Harry & Associates, P.C., we have extensive experience in aiding those enduring assault and battery charges. If you or a loved one have been involved in a criminal charge involving assault or battery, discuss your situation with a DuPage County assault lawyer to help you better understand the charge and what your future may hold. Call us at 630-472-9700 to receive your free consultation today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqEnd=23000000&SeqStart=21100000

https://www.law.cornell.edu/wex/assault_and_battery