Definition of Assault
The most common definition of assault is when one person threatens to harm another or incites the fear of harm in another person. It could also include the intent to injure another person. For the most part, contact with the victim is not necessary for someone to be charged with assault. That is why you do not need battery to be present for assault be a charge, while on the other hand battery requires assault for both charges to be issued.
The Requirements for Assault
There are some requirements for assault if charges are going to be issued against you. Even though there does not need to be the physical act of violence, there needs to be some form of criminal act that occurred. The types of criminal acts that could be present for assault can vary but the main constant is that the act would have directly caused fear in the victim of being harmed or that physical violence was going to occur against them.
There only needs to be the intent to harm someone present for you to be charged with assault. You might not have actually threatened another person but if you showed intent to do harm, it is enough under the law to file a charge of assault against you, which would require the help of a criminal defense attorney.
Definition of Battery
Battery is commonly defined in Chicago as the intentional harming or touching of another person against their will or without their consent. To be charged with battery, there needs to be three things present – intentional touching of another person, the touching of the other person had to be offensive or harmful, and the touching had to have occurred without the consent of the victim.
Requirements for Battery
The requirements for battery will vary based on the type of physical action taken against the victim. For the most part, the victim does not actually have to have suffered an injury or be harmed in an incident for battery to be charged against a subject.
The only thing that needs to be present for battery to occur is harmful or offensive touching of the victim, even if it does not lead to a physical injury. The best example to use here is spitting on someone. When you spit on someone it usually does not cause them physical harm but it can still be viewed and charged as a battery in Chicago.
Possible Defenses to Assault and Battery
Some of the possible defenses to assault and battery include the following, which is not an exhaustive list of defenses:
- You were defending your property
- You were defending someone else or yourself
- There was a lack of reasonable apprehension about any battery impending
- The victim consented to the touching or contact in the battery case
Contact a Criminal Defense Attorney
Were you charged with assault or assault and battery in Chicago? Are you unsure of the next steps in your case? Contact the experienced David Freidberg to discuss your case. No matter when you are charged with the crime you can call the office at 312-560-7100 to schedule a consultation.
(image courtesy of tertia-van-rensburg)