What is the Difference Between Regular and Aggravated Assault in Illinois?

Often misunderstood outside of legal circles, assault is an Illinois crime that involves a reasonable fear of harmful or offensive contact. Unlike battery crimes, assault does not require physical contact. But if a perpetrator makes a victim fear that such contact is imminent, they can face criminal charges for regular or aggravated assault under Illinois law. 

What are the Illinois Laws Against Assault?

720 ILCS 5/12-1 establishes the Illinois laws against assault. Under this section, it is unlawful to knowingly engage in conduct that places another person in reasonable fear of battery, without legal authorization or authority. 

How Does Illinois Punish Assault?

Section 12-1 also furnishes the Illinois punishment for assault. Under this section, assault is usually charged as a Class C misdemeanor. If convicted, the penalties can include a maximum of 30 days in jail and $1,500 in criminal fines. Any person who commits assault may also face [...]

Bloomington Man Charged With Regular and Aggravated Domestic Battery

A Bloomington man faces Illinois criminal charges for regular and aggravated domestic battery, according to an article by The Pantagraph

Allegedly, the Bloomington man attempted to strangle a female victim. This man also threatened to shoot the victim if they attempted to contact the police or otherwise seek help. 

As a result of this incident, the authorities charged the Bloomington man with two counts of domestic battery and one count of aggravated battery. At this point, the Bloomington man remains in police custody after declining to post bail. 

While the legal process continues to play out in this case, it seems appropriate to review the Illinois statutes governing regular and aggravated domestic battery. 

Domestic Battery

The Illinois laws against domestic battery appear at 720 ILCS 5/12-3.2. Under this section, a person commits domestic battery if they knowingly and without legal justification:

    Cause bodily harm to any family
[...]

Examining Three Versions of Battery Crimes Under Illinois Law

Battery is one of the most multifaceted offenses in the Illinois Criminal Code. There is a standard version that casts broad net. Then there is a specific version that addresses harm to unborn children. There is also a domestic version that deals with abuse to family or household members.

    Battery

720 ILCS 5/12-3 establishes the Illinois definition of battery. Under state law, a person commits battery if they knowingly and without justification:

    Inflict physical harm or injury on a victim; or Initiate contact with a victim in an insulting or provoking way. 

Battery is classified as a Class A misdemeanor under Section 12-3. At that level, a conviction can lead to a maximum of 12 months in jail and $2,500 in criminal fines.

    Battery of an Unborn Child

720 ILCS 5/12-3.1 provides the Illinois laws against battery of an unborn child. Under state law, an unborn child is a member [...]

How Does Illinois Differentiate Between Battery and Aggravated Battery?

Unlike assault crimes, Illinois law requires battery offenses to involve physical contact of a harmful, insulting, or provoking nature. Any person who initiates this type of contact can face criminal penalties, including jail time and fines. In more extreme situations, the perpetrator can even face felony charges for aggravated battery.

What is the Illinois Definition of Battery?

720 ILCS 5/12-3 furnishes the Illinois definition of battery. Under this section, a person commits battery if they knowingly and without legal justification:

    Cause physical harm or injury to another person; or Initiate contact of an insulting or provoking nature with another person. 

What is the Illinois Punishment for Battery?

Section 12-3 also explains the Illinois punishment for battery. Under this section, battery is a Class A misdemeanor in Illinois. 

If a person is convicted for this class of misdemeanor, they can face a maximum of 12 months in jail and $2,500 [...]