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Consent of the Victim to the Physical Contact in Assault and Battery

Having a criminal conviction on your record can result in significant repercussions beyond potential prison time. A criminal conviction, especially for assault or battery, can damage your personal and professional relationships. It can also make securing a job, housing, a loan, or further educational opportunities challenging.

However, there are strategic defense strategies that may be helpful to defendants who face criminal charges of assault and battery. A skilled defense attorney can review your situation and determine which potential strategy offers you the best chance at a favorable outcome. Consent of the victim may be one of those defense options in certain cases.

If you have been accused of a serious crime like assault or battery in Illinois, contact an experienced Champaign assault and battery defense attorney with Bruno Law Offices today. Our team will work tirelessly to protect your rights and build a compelling case on your behalf. To get a complete picture of your legal options, contact our office by calling (217) 328-6000 Time is crucial. We are available anytime so call us today.

What Is the Definition of Assault and Battery?

The terms assault and battery are often used interchangeably. However, these terms both have very different legal definitions according to Illinois law. Assault is considered an intentional act that causes another individual to fear an impending type of violence. Words alone do not constitute assault. Harmful words paired with threatening gestures or advancements on a person may be considered assault.

Battery is the act of knowingly provoking physical contact with another individual or causing them bodily harm. Pushing or shoving someone can be considered battery. The same can be true of hitting or kicking someone or striking them with a foreign object.

Penalties for Assault and Battery

Both assault and battery are generally considered misdemeanor charges. The penalty for assault and battery charges includes a combination of the following:

Assault – Class C Misdemeanor 

  • Up to 30 days in jail
  • Fines up to $1500.00
  • Probation up to 2 years
  • Community service
  • Restitution

Battery – Class A Misdemeanor 

  • Up to one year in prison
  • Fines up to $2500.00
  • Probation up to 2 years
  • Restitution

Assault and battery can both rise to felony-level charges if deadly weapons are involved or serious physical injuries are inflicted on a victim. Depending on the circumstances of the aggravated assault, prosecutors can charge an individual with a Class A misdemeanor or a Class 4 felony. In the case of battery, an individual could potentially be charged with a Class 3 felony up to a Class X felony, depending on the circumstances.

Aggravated Assault – Class 4 Felony 

  • 2 to 5 years in prison
  • Fines up to $25,000

Battery – Class 3 Felony

  • 2 to 5 years in prison
  • Fines up to $25,000

Battery – Class 2 Felony 

  • 3 to 7 years in prison
  • Fines up to $25,000

Battery – Class 1 Felony 

  • 4 to 15 years in prison
  • Fines up to $25,000

Battery – Class X Felony

  • 6 to 30 years in prison
  • Fines up to $25,000
  • Probation is not possible

If an individual is convicted of a Class X felony, there is no chance that they will be able to receive probation. If a person has prior convictions on their record, they may face stiffer penalties. Depending on the class of the felony, an individual could potentially face up to 60 years behind bars with prior convictions.

With such a wide range of penalties for assault and battery charges, it is essential you talk to an experienced Illinois defense attorney as soon as possible. An attorney can help you understand the charges you are facing and advise you of your legal options.

Defense Strategies for Battery and Victim Consent

One of the defense tactics that typically applies to sexual assault cases can sometimes also be applied to battery cases. The defense strategy contends that the victim gave consent to the physical contact. In some cases, it may be argued that the victim knew about the physical contact and that by consenting to the contact, they reasonably accepted the risk.

The heart of this defense tactic can be best explained using physical contact sports as an example. The participants in these games are consenting to physical contact and potential bodily harm because they are voluntarily participating in the game. Essentially, a victim should reasonably understand that physical contact and the potential for injury are present when they sign on to play and participate.

Every battery case has a unique set of circumstances. Whether the consent of a victim defense applies to your particular case depends on the facts of your situation. Illinois law can get complicated, and it takes an experienced defense team to help navigate these intricacies.

If you have been charged with battery, contact a defense attorney immediately. A skilled defense attorney can review your case and help determine which defense strategies will give you the best chance at a favorable outcome.

Contact an Experienced Defense Attorney

Facing an assault or battery charge can be frightening. There is more on the line than just the potential of jail time and fines. Your life after emerging from prison can be unrecognizable. You may have difficulties finding employment or housing. Your support network may be eroded as friends and family try to distance themselves from you and your actions. An assault or battery charge is significant. Treat it that way and get an experienced defense team on your side immediately.

At Bruno Law Offices, our skilled defense attorneys will work hard to protect your rights. We strive to craft a compelling defense strategy that offers the best chance of a successful outcome. In some situations, we can get the charges reduced or even dropped. We can also work on your behalf to mitigate your sentence.

If you are charged with assault or battery, talk to the defense team at Bruno Law Offices today. Contact our office anytime by calling (217) 328-6000 to learn more about how we may be able to help.

 

Our Office Location

Bruno Law Offices
301 W Green St
Urbana, IL 61801
Tel: (217) 328-6000
Fax: (217) 328-6765

Contact Us Today