Assault and battery are two different criminal charges under Illinois law, but they are very similar.
• Battery is knowingly or intentionally causing someone else physical harm through any means. It can also be something as minor as making physical contact that is insulting or provocative. Battery charges are often coupled with assault charges.
• Assault is placing someone in imminent fear of receiving battery but does not necessarily include physical contact.
If a weapon is used or the victim is in a protected class, such as police or firefighters, it will be an aggravated battery charge. Aggravated battery and aggravated assault are much more serious charges than simple battery or assault.
Penalties for battery and assault range from fines to restitution to jail time, while aggravated battery or aggravated assault may be a felony charge that results in prison sentences up to 60 years. Criminal convictions become a part of your permanent criminal history and discoverable in background checks.
Criminal defense attorneys understand the local court system and how an assault or battery charge, or guilty plea, can impact your future and lead to future charges. An experienced criminal defense attorney can protect your rights and negotiate the best possible outcome for your case.
Any criminal charge could affect your immigration status. Battery and assault are serious charges that need to be addressed to minimize any impact on your ability to stay in the United States. If you are a U.S. Lawful Permanent Resident, you must renew your green card every ten years by filing Form I-90. As part of the renewal process, you will be required to undergo a new background search and biometrics check, which will include fingerprinting. Good moral character is a requirement for citizenship and is considered by immigration officers for a green card and other immigration applications. If you have been charged or convicted with a crime, even a misdemeanor crime, and need to renew your green card, you should consult an attorney experienced in both criminal and immigration law.
If you want the best possible outcome for your assault or battery criminal immigration case, contact Godoy Law Office. Godoy Law Office’s experience in criminal law as former assistant state’s attorneys and dedication to immigration law gives us a distinct advantage that allows us to fight zealously on your behalf. We represent clients throughout Illinois from our offices in Cook and Dupage Counties. Call us today at 855-554-6369. Our team offers jail visits.