Assault & Battery

What are Assault & Battery Crimes?

Assault and battery crimes involve threats of violence or unwanted physical contact that can result in misdemeanor or felony charges, jail time, and permanent criminal records that destroy careers and reputations.

In Illinois, assault and battery encompass a broad range of charges from simple threats to serious violent felonies. These charges can affect anyone - from professionals in heated arguments to people defending themselves or their families - and carry consequences that can last a lifetime.

The assault & battery reality: What starts as a disagreement, self-defense situation, or misunderstanding can quickly escalate into criminal charges that threaten everything you've worked to build - your job, your freedom, your reputation, and your family's future.

Modern assault and battery law creates multiple ways to face charges, even when you're acting in self-defense or when the alleged victim is lying. The penalties have become so severe that any violent crime charge requires immediate, aggressive defense to protect your future.

Types of Assault & Battery Charges We Defend

Illinois assault and battery law encompasses dozens of different charges and violations, each with unique defenses and consequences. We defend every type of violent crime case.

Simple Assault - 720 ILCS 5/12-1

The foundation charge for threatening behavior, carrying misdemeanor penalties but serious long-term consequences.

Core Assault Elements:

• 720 ILCS 5/12-1(a) - Conduct placing another in reasonable apprehension of battery
• 720 ILCS 5/12-1(b) - Physical menacing behavior
• Class C misdemeanor with up to 30 days jail
• Fines up to $1,500

Common Assault Scenarios:

• Verbal threats with apparent ability to carry out
• Aggressive gesturing and posturing
• Workplace confrontations
• Road rage incidents
• Bar fights and altercations

Simple Battery - 720 ILCS 5/12-3

Physical contact charges that can destroy reputations and careers even without serious injury.

Battery Elements:

• 720 ILCS 5/12-3(a)(1) - Intentional or knowing physical contact
• 720 ILCS 5/12-3(a)(2) - Instigating physical contact with another
• Class A misdemeanor with up to 364 days jail
• Fines up to $2,500

Physical Contact Allegations:

• Pushing, shoving, or grabbing
• Slapping or striking
• Unwanted touching or contact
• Spitting or throwing objects
• Hair pulling or restraining

Domestic Battery - 720 ILCS 5/12-3.2

Family violence charges with enhanced penalties and collateral consequences affecting custody and housing.

Domestic Battery Classifications:

• 720 ILCS 5/12-3.2(a)(1) - Battery against family/household members
• 720 ILCS 5/12-3.2(a)(2) - Battery against dating partners
• Class A misdemeanor with mandatory arrest policies
• Enhanced penalties for repeat offenses

Protected Relationships:

• Current or former spouses
• Dating and intimate partners
• Household and family members
• Parents and children
• Roommates and cohabitants

Enhanced Domestic Battery Penalties:

• 720 ILCS 5/12-3.2(b) - Second domestic battery (Class 4 felony)
• 720 ILCS 5/12-3.2(c) - Third domestic battery (Class 2 felony)
• Mandatory minimum sentences
• No-contact orders and protective orders

Aggravated Assault - 720 ILCS 5/12-2

Enhanced assault charges involving weapons, locations, or protected victims carrying felony penalties.

Aggravated Assault Categories:

• 720 ILCS 5/12-2(a)(1) - Assault with deadly weapon (Class 4 felony)
• 720 ILCS 5/12-2(a)(2) - Assault without legal justification (Class 4 felony)
• 720 ILCS 5/12-2(a)(3) - Assault on peace officers (Class 4 felony)
• 720 ILCS 5/12-2(a)(4) - Assault in public places (Class 4 felony)

Weapon-Based Aggravated Assault:

• Firearms and deadly weapons
• Knives and cutting instruments
• Baseball bats and clubs
• Vehicles as weapons
• Any dangerous instrumentality

Location-Based Enhancements:

• 720 ILCS 5/12-2(a)(4) - Public way assault
• 720 ILCS 5/12-2(a)(5) - Public property assault
• 720 ILCS 5/12-2(a)(6) - Public transportation assault
• Schools and educational institutions

Protected Victim Classes:

• 720 ILCS 5/12-2(a)(7) - Assault on elderly (60+)
• 720 ILCS 5/12-2(a)(8) - Assault on disabled persons
• 720 ILCS 5/12-2(a)(9) - Assault on children under 13
• 720 ILCS 5/12-2(a)(10) - Assault while hooded/masked

Aggravated Battery - 720 ILCS 5/12-3.05

Serious felony charges involving bodily harm, weapons, or protected victims with prison sentences.

Great Bodily Harm Battery:

• 720 ILCS 5/12-3.05(a)(1) - Battery causing great bodily harm (Class 3 felony)
• 720 ILCS 5/12-3.05(a)(2) - Battery causing permanent disability (Class 3 felony)
• 720 ILCS 5/12-3.05(a)(3) - Battery causing disfigurement (Class 3 felony)

Weapon-Enhanced Battery:

• 720 ILCS 5/12-3.05(e)(1) - Battery with firearm (Class X felony)
• 720 ILCS 5/12-3.05(e)(2) - Battery with machine gun (Class X felony)
• 720 ILCS 5/12-3.05(e)(3) - Battery with sawed-off shotgun (Class X felony)
• 720 ILCS 5/12-3.05(e)(4) - Battery with silencer (Class X felony)

Public Official Battery:

• 720 ILCS 5/12-3.05(d)(1) - Battery on peace officers (Class 2 felony)
• 720 ILCS 5/12-3.05(d)(2) - Battery on correctional officers (Class 1 felony)
• 720 ILCS 5/12-3.05(d)(3) - Battery on firefighters/EMTs (Class 2 felony)
• 720 ILCS 5/12-3.05(d)(4) - Battery on teachers (Class 4 felony)

Location and Circumstance Enhancements:

• 720 ILCS 5/12-3.05(f)(1) - Battery in public places (Class 3 felony)
• 720 ILCS 5/12-3.05(f)(2) - Battery on public property (Class 3 felony)
• 720 ILCS 5/12-3.05(f)(3) - Battery on public transportation (Class 3 felony)

Aggravated Domestic Battery - 720 ILCS 5/12-3.3

Enhanced domestic violence charges with serious felony penalties and mandatory sentences.

Aggravated Domestic Battery Elements:

• 720 ILCS 5/12-3.3(a) - Strangulation of family/household member (Class 2 felony)
• 720 ILCS 5/12-3.3(a-5) - Great bodily harm to family member (Class 2 felony)
• Enhanced penalties with mandatory minimums
• No probation for repeat offenders

Strangulation Charges:

• Choking or neck compression
• Blocking airway or blood flow
• Enhanced penalties recognizing lethality
• Expert medical testimony requirements

Battery Causing Death and Homicide Charges

The most serious assault and battery charges involving death with decades in prison.

Involuntary Manslaughter:

• 720 ILCS 5/9-3(a) - Reckless acts causing death (Class 3 felony)
• 720 ILCS 5/9-3(b) - Battery causing death (Class 2 felony)
• 4-20 years in prison
• Lifetime consequences and civil liability

Reckless Homicide:

• 720 ILCS 5/9-3 - Reckless conduct causing death
• Vehicular and non-vehicular scenarios
• Enhanced penalties for multiple deaths

Hate Crime Enhancements - 720 ILCS 5/12-7.1

Bias-motivated assault and battery with enhanced penalties and federal coordination.

Hate Crime Elements:

• 720 ILCS 5/12-7.1(a) - Assault/battery by reason of bias
• Race, religion, sexual orientation, disability bias
• Enhanced classification and penalties
• Federal hate crime coordination

Gang-Related Violence - 720 ILCS 5/12-6.4

Street gang assault and battery with RICO-style enhancements and conspiracy charges.

Gang Violence Charges:

• 720 ILCS 5/12-6.4 - Aggravated battery in furtherance of gang activity
• 720 ILCS 147/15 - Criminal street gang criminal activity
• Enhanced penalties and sentences
• RICO conspiracy implications

Vehicular Violence and Road Rage

Motor vehicle assault and battery charges with unique evidentiary challenges.

Vehicular Assault/Battery:

• Vehicles as dangerous weapons
• Road rage and traffic incidents
• Hit-and-run with intent charges
• Reckless vs. intentional conduct

School Violence and Educational Institution Charges

Enhanced penalties for violence in educational settings affecting students and staff.

School-Based Violence:

• Student-on-student assault/battery
• Teacher and staff victim enhancements
• Weapons in schools charges
• Zero tolerance policy implications

Juvenile Assault and Battery - 705 ILCS 405

Special procedures and consequences for minors charged with violent crimes.

Juvenile Violence Charges:

• 705 ILCS 405/5-410 - Juvenile assault/battery procedures
• 705 ILCS 405/5-715 - Transfer to adult court for serious charges
• School discipline coordination
• Rehabilitation vs. punishment focus

Self-Defense and Protection of Others - 720 ILCS 5/7

Legal justifications that can completely defeat assault and battery charges.

Self-Defense Statutes:

• 720 ILCS 5/7-1 - Use of force in defense of person
• 720 ILCS 5/7-2 - Use of force in defense of dwelling
• 720 ILCS 5/7-3 - Use of force in defense of property
• 720 ILCS 5/7-4 - Use of force by peace officers

Stand Your Ground Provisions:

• No duty to retreat in certain circumstances
• Castle doctrine for home defense
• Reasonable belief standards
• Proportionality requirements

Our Comprehensive Defense Strategy

Every assault and battery case is different, but our approach combines aggressive constitutional challenges with self-defense claims and mitigation that protects your freedom and reputation.

As a former DuPage County prosecutor who handled thousands of violent crime cases, I know how the system works and what it takes to win. We use that insider knowledge to build defenses that protect our clients' futures.

Our approach: Challenge every aspect of the prosecution's case while building strong self-defense and justification arguments that show your actions were reasonable and lawful.

12-Point Comprehensive Assault & Battery Defense Strategy

1. Immediate Self-Defense and Justification Analysis

• Self-defense evaluation - reasonable belief and imminent threat analysis
• Defense of others - protection of family members and third parties
• Defense of property - home and business protection rights
• Stand your ground - no duty to retreat circumstances

2. Witness Identification and Interview Strategy

• Independent witnesses - locating and interviewing neutral parties
• Character witnesses - establishing peaceful reputation
• Expert witnesses - medical, psychological, and use of force experts
• Witness credibility - challenging biased or unreliable testimony

3. Video and Physical Evidence Analysis

• Surveillance footage - security cameras and cell phone videos
• Body camera evidence - police response and investigation
• Physical evidence - injuries, weapons, and scene analysis
• Digital evidence - text messages and social media

4. Medical Evidence and Injury Analysis

• Injury documentation - your injuries vs. alleged victim's injuries
• Medical causation - challenging injury claims and severity
• Pre-existing conditions - alternative causes for injuries
• Expert medical testimony - independent medical evaluation

5. False Accusation and Motive Challenges

• Accuser credibility - history of false allegations
• Motive to lie - custody, divorce, and financial incentives
• Inconsistent statements - contradictions in police reports
• Alternative perpetrator - identifying real aggressor

6. Constitutional and Police Procedure Challenges

• Miranda violations - improper interrogation and statements
• Unlawful detention - lack of probable cause for arrest
• Search and seizure - evidence suppression motions
• Due process violations - procedural and constitutional errors

7. Mutual Combat and Consent Defenses

• Mutual combat - both parties willing participants
• Consent defense - sporting events and consensual fights
• Provocation analysis - who started the altercation
• De-escalation efforts - attempts to avoid violence

8. Mental Health and Psychological Defenses

• Mental illness - impact on intent and culpability
• PTSD and trauma - reasonable perception of threat
• Medication effects - impairment and side effects
• Psychological evaluation - competency and mitigation

9. Domestic Violence Specialized Defenses

• Victim recantation - working with cooperative alleged victims
• Order of protection - challenging and modifying restraining orders
• Family reunification - preserving family relationships
• DCFS coordination - child protection and custody issues

10. Negotiation and Charge Reduction

• Felony to misdemeanor - avoiding serious criminal records
• Court supervision - avoiding conviction and jail time
• Anger management - therapeutic alternatives to punishment
• Restorative justice - victim-offender mediation

11. Trial Preparation and Jury Strategy

• Jury selection - identifying favorable jurors
• Opening statements - setting defense narrative
• Cross-examination - challenging prosecution witnesses
• Closing arguments - reasonable doubt and self-defense

12. Career and Reputation Protection

• Employment consequences - minimizing job impact
• Professional licensing - protecting careers and licenses
• Immigration issues - avoiding deportable offenses
• Public relations - managing media and reputation

The comprehensive advantage: Assault and battery defense requires proving your actions were justified while challenging every aspect of the prosecution's case and protecting your reputation and future.

Why Choose McMahon Law Offices for Your Assault & Battery Defense

Assault and battery defense requires attorneys with the experience, knowledge, and commitment to fight for your freedom and reputation.

Former Prosecutor Insider Knowledge

During my decade as a DuPage County prosecutor, I handled thousands of assault and battery cases and learned exactly how the system works. I know:

• How prosecutors evaluate self-defense claims and witness credibility
• What evidence police need to prove intent and causation
• Which judges are sympathetic to self-defense and which favor prosecution
• How to negotiate favorable plea agreements and alternative sentencing
• What it takes to win self-defense cases at trial

Proven Track Record of Results

Over 1,000 assault and battery cases defended with consistent results:

• Dismissals through self-defense claims and constitutional challenges
• Acquittals at trial through reasonable doubt and justification defenses
• Charge reductions from felonies to misdemeanors
• Court supervision protecting criminal records and careers
• Alternative sentencing avoiding jail time and prison

Comprehensive Legal Team

Our team includes:

• Former prosecutor with insider knowledge
• Former judge understanding court procedures
• Expert witnesses in medical science and use of force
• Private investigators for witness location and evidence
• Counseling coordinators for anger management programs

24/7 Availability and Immediate Response

Assault and battery cases require immediate action:

• 24/7 availability for emergency consultations
• Immediate response to preserve evidence and witnesses
• Same-day jail release assistance
• Emergency orders for evidence preservation

Client-Centered Approach

Every case receives:

• Personal attention from experienced attorneys
• Regular communication about case progress
• Honest assessment of self-defense claims and evidence
• Strategic planning tailored to your specific situation
• Compassionate support through difficult times

Our commitment: We fight every assault and battery case with the same intensity and dedication, because we understand that your freedom and reputation depend on the outcome.

Our Philosophy and Commitment

We believe that everyone has the right to defend themselves and their families, and that self-defense is not a crime.

At McMahon Law Offices, we believe:

• Self-defense is a fundamental right - people have the right to protect themselves and their families
• Good people make mistakes - one moment of anger shouldn't destroy your entire future
• False accusations happen - people lie for money, custody, and revenge
• Constitutional rights matter - police must follow the law and prove their case
• Context matters - understanding the full story behind every incident
• Reputation matters - protecting your good name and standing in the community
• Families come first - keeping families together whenever possible

We fight not just for legal victories, but for outcomes that let you rebuild your life and restore your reputation.

The comprehensive reality: Illinois assault and battery law creates dozens of ways to face criminal charges and prison time. Each type requires specialized defense strategies that prove your actions were justified and reasonable.

Immediate Action Steps

Assault and battery cases have critical deadlines and evidence that disappears quickly - immediate action is essential to protect your freedom and build your defense.

What to Do RIGHT NOW:

• Contact an attorney immediately - assault cases move quickly with evidence that disappears
• Don't discuss your case with anyone except your lawyer
• Document your injuries - photograph all injuries you sustained
• Preserve evidence - clothing, weapons, medical records, witness information
• Identify witnesses - anyone who saw what really happened

What NOT to Do:

• Don't admit fault or apologize to police or alleged victim
• Don't assume you're guilty because someone got hurt
• Don't contact the alleged victim - this creates new charges
• Don't hire the cheapest attorney - your freedom depends on quality representation
• Don't miss court dates - warrants and additional charges result

Critical Deadlines:

• 24-48 hours to preserve video evidence before deletion
• 21 days to file motions challenging evidence
• 30 days for various constitutional challenges
• Court dates cannot be missed without serious consequences

Your freedom depends on immediate action - call us now at 630-953-4400 before critical evidence disappears and witnesses forget what really happened.

Frequently Asked Questions

Get essential information about assault and battery charges and what to expect from the legal process.

About Assault & Battery Charges

Q: Can I claim self-defense if I threw the first punch?
A: Possibly - self-defense can apply when you reasonably believe imminent harm is coming, even if you act first to protect yourself.

Q: What if the other person was bigger and stronger than me?
A: Size and strength differences support self-defense claims - you can use reasonable force to defend against a larger, stronger attacker.

Q: Will I go to jail for simple battery?
A: Not necessarily - first-time offenders often qualify for court supervision or alternative sentencing that avoids jail time.

Legal Process

Q: What happens at my first court date?
A: Arraignment where charges are read and you enter a plea - always plead not guilty to preserve your self-defense rights.

Q: Can the alleged victim drop the charges?
A: Not directly - prosecutors make charging decisions, but victim cooperation affects case strength and outcomes.

Q: How long does an assault case take?
A: Cases typically take 3-6 months, but complex self-defense cases or trials can take longer.

Consequences

Q: Will this affect my job?
A: Depends on your employer and position - we work to minimize employment consequences and protect your career.

Q: Can I still own guns with an assault conviction?
A: Felony convictions eliminate gun rights - we fight to avoid convictions or reduce charges to protect your rights.

Q: What about my family and custody issues?
A: Domestic violence charges can affect custody - we coordinate with family court to protect your parental rights.

Facing assault or battery charges? Call us immediately at 630-953-4400 for aggressive defense that proves your actions were justified and protects your freedom.

Related Resources

Assault and battery defense requires understanding self-defense laws, constitutional rights, and consequences across multiple areas.

Internal Links:

• DuPage County Criminal Defense Overview
• Domestic Violence Defense
• Weapons Charges Defense
• About Attorney Michael McMahon

Understanding your rights, self-defense laws, and legal defenses is crucial when facing any type of assault or battery charge.

Contact McMahon Law Offices

When assault and battery charges threaten your freedom and reputation, you need attorneys who understand that good people sometimes have to defend themselves.

Comprehensive Assault & Battery Defense for All Charges

When you're facing any type of assault or battery charge in DuPage County, you need attorneys who understand that self-defense is not a crime and that everyone deserves aggressive representation. We've defended over 1,000 violent crime cases and know what it takes to prove your actions were justified.

Call Now: 630-953-4400

Email: [info@mcmahonlegal.net](mailto:info@mcmahonlegal.net)

Visit: 2150 McDonald Drive, Oak Brook, Illinois, 60523

Available 24/7 for emergency legal assistance

Don't let assault and battery charges destroy your freedom, reputation, and future. Our experienced DuPage County criminal defense attorneys know how to fight every type of violent crime charge and prove that your actions were justified and reasonable.

Get Your Free Case Evaluation Today