Chicago Battery / Assault - The Chicago Criminal Law Blog

The Chicago Criminal Law Blog - Find a Chicago Criminal Attorney

Battery and Assault in Chicago

Assault and battery often go together, as the charge of battery usually includes an assault charge. The crime of battery often occurs when one person physically hits another but also can include any unwanted touching of another, such as groping or simply touching. Assault occurs when one person threatens to commit battery on another person, which can include everything from brandishing a weapon to raising one’s hand in a threatening way. Assault and battery also may be claimed in civil lawsuits; which are separate from the criminal court system.

Anyone who has been assaulted and/or battered should contact local law enforcement immediately and report the incident. Likewise, individuals charged with assault or battery may benefit from the expertise of a Chicago criminal defense attorney.


Recently in Battery / Assault Category

Illinois Self-Defense Laws

Someone who is charged with assault, battery, or even killing someone in Illinois may have a viable defense of self-defense justifying his actions.

Generally, someone may be justified to use force against another person to the extent the force is believed to be reasonably necessary to defend himself from an imminent threat of harm.

The use of force typically requires the person claiming self-defense to prove the following elements:

3 Potential Defenses to an Assault Charge

If you are charged with assault in Illinois, you could face very serious consequences. For an aggravated assault charge, for example, you could face up to five years in prison.

However, it can be difficult for prosecutors to prove assault. Just because you are charged with the crime does not necessarily mean that you'll serve time behind bars.

Instead, with the help of a Chicago criminal defense attorney, you could be exonerated, depending on the circumstances. Here's a look at some common defenses to an assault charge:

What Is Assault in Illinois?

A person commits an assault in Illinois when he knowingly engages in conduct that places the victim in reasonable apprehension of battery. In other words, someone can be charged with assault if he threatens or takes some action to put another person in reasonable fear of being physically attacked.

This can include brandishing a weapon, making a fist as if to strike someone, or simply telling another that you're about to hit her.

Keep in mind that physical contact is not necessary for the crime. So you don't actually need to throw the punch or even touch the victim to be charged with assault.

Third Time's Still Not Charming For Serial Plane Passenger Groper

Does this qualify as a three-peat? Srinivasa S. Erramilli, 45, is now a three-time loser after being convicted yesterday of groping a fellow passenger on an airplane. He was previously convicted of the same offense in 1999 and 2002. This time, he was aboard a June 2011 Southwest Airlines flight when he was caught with his hand on a woman’s inner thigh, reports the Chicago Tribune.

The victim, who awoke to the unwanted touching, was sleeping in the window seat. Her husband was sitting in the aisle seat in order to have easier access to the restroom. The two were returning from a trip to celebrate their 34th wedding anniversary. Erramilli was the last person to board the plane and took the only seat left, between the two spouses.

Two More Politicians Win Re-Election Despite Charges

We thought Derrick Smith’s re-election, while hilariously stereotypical in light of Chicago’s political history, was an outlier, a quandary, and a comical confluence of voter ignorance and party line voting. Sure, a guy facing 10 years in prison, recently expelled from office, won re-election. But that was a fluke, right?

Not exactly. Consider two other Chicago-area politicians who were also re-elected: Congressman Jesse Jackson, Jr. and Cook County judge Cynthia Brim. The former has been absent from work while dealing with mental health issues (and an ongoing corruption investigation) while the latter is planning on pressing the insanity defense in a battery case stemming from a confrontation with sheriff’s deputies.

Just another election in the Chicago Circus, right?

Elmhurst Mom's Botched Murder-Suicide Nets 20-Year Sentence

It would an unimaginable crime if it didn't happen so often nowadays. A mom, Cheryl Luchetta, 42, of Elmhurst, allegedly tried to murder her son before trying to kill herself. Fortunately, she failed in both regards, reports the Chicago Tribune. Luchetta drugged her son with a buffet of prescription and over-the-counter pills, and then tried to slit her own throat. But she didn't cut deep enough, and when she awoke hours later, called 911.

Luchetta's initial cover story was that an intruder cut her throat and drugged her child. Obviously, the cops didn't buy it. Luchetta eventually confessed to everything, and earlier this summer, she pleaded guilty to aggravated battery on a child in order to avoid an attempted murder charge.

Goons Punch 11-year-old Girl For Lollapalooza Beach ball

Two 19-year-old idiots, one of which was allegedly drunk, were arrested and charged with assault after they approached an 11-year-old girl and punched her in the stomach. Why were they beating children? The gentlemen wanted her Lollapalooza beach ball, reports the Chicago Tribune.

The girl, and her mother Michelle Fiore were headed back to their car when they were approached by a group of four individuals, two male and two female. Fiore said they appeared to be bickering before Conrad Slimak approached them and asked for one of their souvenir beach balls.

Fiore jokingly responded, "That will be $50."

When the Music Stops: Rappers Beat Strangers in Wrigleyville

Hip-hop luminary Eminem, with his group D12, once released a song about confusing hip-hop with real life. The hip-hop culture encourages escalation and discourages turning the other cheek. Men don’t ignore insults, they retaliate and escalate.

Perhaps that was the mindset of the four men arrested for mob action and aggravated battery in Wrigleyville. Corry Simmons, Donald Robinson Jr., Edward Robinson, and Alvin L. Goffin were filming a rap video in a stretch limo. According to prosecutors, when they arrived at Wrigleyville, they jumped out of the limo and starting pummeling random strangers. One victim ended up with a broken jaw. A responding officer was also injured, reports the Huffington Post.

Pregnant Woman Tasered, Arrested Over Parking Ticket

Well, Chicago is the sixth most ticketed city in America, at least, according to a questionable survey and Chicagoist.

Tiffany Rent, who is eight months pregnant, was driving along when she had one of those parental emergencies. You know the type, where one kid in the back seat spilled something or threw a fit. She pulled into a parking lot, parked, and dealt with her daughter, reports CBS Chicago.

White Supremacists Ambushed at Lunch; Attackers Arrested

It was a nice and peaceful luncheon amongst those who allegedly seek to elevate the status of the Aryan Nation above others. Then, a group of hooded hoodlums bum rushed the restaurant and attacked the "economic summit" with hammers and other blunt objects, reports the Chicago Sun Times.

Isn't usually the racist idiots that wear hoods and attack people?