Assault and Battery: What is the Difference?

 Posted on August 20, 2013 in Criminal Law

A recent article in the Chicago Tribune reported that a Palatine man allegedly hit another man with a baseball bat during an argument. Albino Damian-Lopez, 24, turned himself in to Cook County police regarding the incident just one day after fleeing the scene. Lopez has been charged with aggravated battery.

People are sometimes confused about the lines between assault and battery. In addition, some are not sure what makes an assault or battery aggravated. In general, assault is the threat of harm and battery is the action that carries out the threat. For example, if a person lunges at you in a threatening manner and you perceive that they intended to harm you physically, that would be considered assault. Notice in the scenario, that no physical contact was made. If the person struck you after assaulting you, that would be considered battery.

How Does Assault or Battery Become Aggravated?

According to Illinois law (720 ILCS 5/12-2), aggravated assault is determined by several factors:

1. The location of the threatening conduct.
2. The status, age or profession of the victim.
3. The use of a firearm, device or motor vehicle.

The law (720 ILCS 5/12-3.05) determines aggravated battery using various factors:

1. Whether an injury occurs.
2. If injury occurs to a child or disabled person.
3. The location of the conduct that resulted in the injury.
4. The status, age or profession of the victim.
5. The use of a firearm weapon or device.
6. The conduct of the aggressor.

Aggravated crimes are felonies and have far-reaching consequences. If you are dealing with assault and/or battery charges, you need the help of an experienced criminal defense attorney. Contact an Arlington Heights, Illinois lawyer who will defend your rights as if they were his own.