The threat or use of force that causes another person to have reasonable apprehension of imminent harmful or offensive contact
THE LEGAL DEFINITION OF BATTERY:
The use of force against another, resulting in a harmful or offensive contact
So, what does that mean in laments terms?
It means that if you touch someone in a way they don't want to be touched, that's a battery. If you make another person believe they are going to be touched in such a way that they don't want to be touched, that's assault.
Here is an example. You're in a bar, and a person randomly comes up to you and punches you in the face. When you see their fist coming at you, that's assault. When their fist actually makes contact with your face, that's battery. If the person is so drunk, that they actually miss making contact with your face, but you still see their fist coming towards you and you still (reasonably) believe that you're going to get punched, then you've been assaulted, but not battered. If you get punched in the back of the head without ever seeing or knowing you're going to get hit, then you've been battered, but not assaulted.
Assault and Battery is both a tort and a crime. That means if you punch someone in the face, that person can sue you and take your money (a tort) and the police can place you under arrest and you could be seeking time in jail (a crime).
In the state of Illinois, whether a battery is a felony or a misdemeanor is dependent on how much harm you've caused your victim. If you have caused "great bodily harm" to your victim, then you have committed aggravated battery, and that is a felony. However, if you do not cause "great bodily harm" then your battery is a Class A misdemeanor. The term "great bodily harm" is not a bright line rule. It is a point if contention to be argued. However, if your victim barely has a scratch on them, chances are it's only a misdemeanor. If you have put your victim in a coma or on the brink of death, then chances are it's a felony.
If the state of Illinois, both assault and aggravated assault are Class A misdemeanors. The difference between assault and aggravated assault is dependent on either who the victim is, or where the assault occurred. Pursuant to 720 ILCS 5/12-2, if you commit an assault, "on or about a public way, public property, a public place of accommodation or amusement, or a sports venue" you have committed aggravated assault. Also, if you commit assault against a peace officer or private security guard, a teacher while at school, an employee of the State of Illinois and a handful of others, then you have committed aggravated assault.
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NOTE: Adam J. Kaplan and The Law Offices of Adam J. Kaplan are NOT your attorney. You have not entered into an agreement with The Law Offices of Adam J. Kaplan. If you would like a free consultation or to be represented by The Law Offices of Adam J. Kaplan, please click on any of the links in this section or visit the "The Law Offices of Adam J. Kaplan" section on the middle, right side of this blog. The aforementioned was meant to be solely informative, and it should not be construed as legal advice.
