Assault & Battery Attorney in Chicago, Illinois
When Does Assault Become Aggravated Assault?
When Does Assault Become Aggravated Assault?
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Assault and battery are always being confused by people. People interchange them. They say assault when they actually mean a battery. They say a battery when they sometimes mean assault. An assault is actually the imminent threat of harm. If you threat harm with a weapon and or with any type of a weapon, it can become an aggravated assault. But it’s the imminent threat of harm where the other person feels that he is going to be immediately hurt. If you threat harm in the future, that is not an assault. If you then proceed and harm the individual, then it becomes a battery. And if you harm the individual with a weapon – a bludgeon, a knife, a gun, whatever it is, a hammer, a stick – then it could become an aggravated battery. It depends on the injury. It could become aggravated battery if the injuries are a lot more severe. It can be aggravated battery even if the injuries are not severe but the individual is law enforcement, for example. So there’s different levels in the progression between assault to aggravated assault to battery and aggravated battery.
Chicago, IL criminal defense attorney Gal Pissetzky talks about when an assault rises to the level of aggravated assault. He often observes that people confuse assault and battery, frequently using the terms interchangeably. Legally, an assault refers to the imminent threat of harm—when one person acts in a way that causes another to reasonably believe they are about to be harmed. If a weapon is involved, the assault may be classified as aggravated assault. Importantly, a threat of future harm does not constitute assault.
A battery, on the other hand, occurs when actual physical harm is inflicted on another person. If the harm is caused using a weapon—such as a knife, gun, hammer, or stick—it may escalate to aggravated battery. The severity of the injury can influence whether the offense is considered aggravated, but certain circumstances, such as the victim being a law enforcement officer, can also elevate the charge regardless of injury severity.
He emphasizes that there is a progression in the law from assault to aggravated assault, then to battery, and finally to aggravated battery, depending on the actions taken, the presence of a weapon, and the nature of the harm caused.
