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800-454-4LAW (800-454-4529)
Chicago area Criminal defense attorney Steven H. Fagan explains the laws of criminal Assault and Battery in Illinois, and the difference between the two types of charges.
On TV, in the news, and even in printed news stories, the term “Assault and Battery” is often used as if it is a single crime. At least in Illinois courts, they are two separate offenses. Each can be charged as a misdemeanor or as a felony.
Assault is defined under Illinois law as knowingly, without lawful authority, places another person in fear of being on the receiving end of a battery, and that fear is reasonable under the circumstances.
Battery is legally defined as knowingly and intentionally, without a lawful justification, either causing bodily harm to another, or making physical contact or touching someone in a way that is insulting or provoking.
Watch the video to learn more.
To learn more about appearing in Illinois Court for your Criminal, DUI or Traffic matter, whether felony or misdemeanor, visit our informative website at
If you’d like to discuss your case in the Chicago area (throughout Cook county) or in DuPage or Lake County Illinois, pick of the phone and call us at 800-454-4LAW, or email [email protected] and we’ll be happy to arrange a free consultation.
Fagan, Fagan & Davis
950 Lee Street – Suite 200
Des Plaines, Illinois 60016
800-454-4LAW (800-454-4529)
[email protected]
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I got punched in the face at school multiple times for no reason and it was intentional what should I do.
I'm in Illinois, if someone breaks my window on my van and keys my van can I hit them?
can you get a simple batter charge expunged?
Thanks for the comment Dennis. Actually, negligence has nothing to do with criminal assault in Illinois. The mental state required is instead "knowingly and intentionally" placing another in apprehension of receiving a battery.
Just as an added tip, ex post facto refers to a law that is newly enacted and creates (or is applied to create) criminal liability for an action committed prior to its existence. We hope that answers your question.
If Illinois criminal assault law is based on the reasonable person concept, then doesn't that make it an ex post facto law? For what I understand, the government has found ways to avoid the ex post facto nature of negligence law IF it's discussed in civil law cases. However, in criminal law, ex post facto laws are not allowed. The reason I consider Illinois assault law ex post facto is because it relies on the reasonable person concept, but that's a subjective thing a defendant can't know unless he/she can know the future of what a jury or judge would say of the reasonable person concept being applied to the assault case. Thus, making the assault law ex post facto. When dismissing the reasonable person element and relying solely on culpability, I can perceive how assault law would not be ex post facto. But that it relies on the reasonable person as determining whether or not a reasonable person would be placed an apprehension of an imminent battery is something that makes the Illinois assault law ex post facto, in my opinion.