Chicago, IL criminal defense attorney Gal Pissetzky talks about when an assault rises to the level of 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.