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assault and battery, violent crime, Illinois criminal defense lawyerFacing criminal charges can be frightening for anyone. Being charged with a crime that you are not sure you understand can be virtually overwhelming. For many people, their only exposure to the criminal justice system is what they see on the news or read in the newspaper, which can lead to confusion over the definition of particular offenses and crimes. This is particularly true of charges that are frequently related and brought in conjunction with one another, such as assault and battery. If you have been charged with either or both of these offenses, it is critical that you learn the difference between them.

Assault

While many may think they know what the charge of assault encompasses, they are often surprised to learn the actual legal definition. Under Illinois law, assault is any conduct that places another person “in reasonable apprehension of receiving a battery.” Assault could be as simple as throwing a punch or as aggravated as brandishing or discharging a firearm. It is important to keep in mind that there no requirement of injury to justify assault charges, as charges are based on the victim’s reasonable apprehension.

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Posted on in Assault and Battery

During the past week we have followed a case involving a fight between two Chicago neighbors named Gary and Ken. During the fight Gary punched Tara in the face. Gary alleges that this happened because Ken swung at him, and then used Tara as a shield when Gary attempted to return his blow.

No one contested the fact that Gary hit Tara and that she was severely injured as a result. Gary argued that he lacked the requisite intent to harm Tara as he was attempting to return Ken's punch.

The trial court rejected the defense's version of events and said that it was unlikely that Ken would be able to pull Tara in front of him during the short time it would have taken Gary to return Ken's punch.

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Posted on in Assault and Battery

This week we are covering an aggravated battery case that arose out of a fight on South Homan Avenue in Chicago. The fight involved a man named Ken and his girlfriend Tara who got into an argument with a neighbor named Gary one July evening.

The evidence indicates that Tara was punched in the face while talking to a woman who hanging out with Gary. Tara and Ken say that the punch was the culmination of Gary's hostile behavior throughout the evening.

The woman that Tara was talking to was named Kelly, and she had a drastically different version of events that night.

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Posted on in Assault and Battery

This week we are following the case of a man who was convicted of aggravated battery after a getting into a fight with his neighbor, Ken, and Ken's girlfriend, Tara. The fight happened early one summer evening and the two sides have drastically different versions of events.

Ken and Tara testified that Gary immediately started screaming at them after they returned home from a bar one evening. The couple said that they had been drinking, but were not drunk, and that Gary's profane insults were wholly unprovoked.

Tara said that she wanted to mend the feelings between the two men, so she went back outside to try and make peace with Gary. Upon approaching the fence that divided the two houses, Tara testified that she asked Gary to shake her hand, but he would only curse at her.

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In our last post we discussed a Chicago neighborly feud which turned violent one July evening. The feud resulted in one man being sentenced to aggravated battery and sentenced to two years of intense probation.

An appeals court recently reconsidered the case and affirmed the man's conviction. The man alleged that there was not enough evidence to support his conviction because he and his neighbor had drastically different accounts of what happened that evening.

So what happened?

The incident took place on July 13, 2009, on the 10800 block of South Homan Avenue in Chicago.

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