How Does The use of Weapons Change Illinois Assault and Battery Charges?

 Posted on April 25, 2023 in Uncategorized

Some of the most serious types of crimes are those that involve harming another person in some way, such as assault or battery. Some people may think they mean the same thing, but they are actually two different charges that are often committed together. As with many other crimes, assault and battery charges can change in severity depending on whether or not weapons were used in the commission of the crime. In almost all cases that involve the use of a weapon during an assault or battery, the crime is considered to be "aggravated" and the consequences are increased.

Weapons and Aggravated Assault

Assault occurs when you do something that causes another person to believe that you will physically harm them. When the assault involves the use of a weapon, this is considered an aggravated assault. If you use a weapon during the assault and you do not discharge that weapon, you will be charged with a Class A misdemeanor, which can result in up to one year in prison and up to $2,500 in fines. If you do discharge the weapon, you will be charged with a Class 4 felony, which can result in up to three years in prison and up to $25,000 in fines.

Weapons and Aggravated Battery

Battery occurs when you actually cause bodily harm to another person or you make physical contact of an insulting or provoking nature. When battery involves the use of a weapon, it is considered to be aggravated battery. If you use a firearm during the battery, you will be charged with the most serious of felonies, a Class X felony. Depending on the circumstances, you could face up to 60 years in prison and up to $25,000 in fines. However, if you used a weapon other than a firearm during the battery, you will be charged with a Class 3 felony, which carries up to five years in prison and up to $25,000 in fines.

Our Will County Assault and Battery Defense Attorney is Here to Help

If you have been charged with aggravated assault and/or aggravated battery, you need immediate help from a skilled Joliet, IL, aggravated assault and battery defense lawyer. At the Fotopoulos Law Office, we understand how having an aggravated assault or aggravated battery conviction on your record can affect you for the rest of your life. We will do everything in our power to avoid a conviction. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Illinois Compiled Statutes

Illinois Compiled Statutes 2