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Assault With Physical Injury In Chicago
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State:
Multi-State
City:
Chicago
Control #:
US-000298
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FAQ
The prosecution must prove beyond a reasonable doubt each of these 3 elements: Intent to cause harm or fear. Fear or apprehension of imminent harm. Actual or attempted physical contact.
Apart from eyewitness testimonies, physical evidence, medical records, and digital communications can also be used. However, witness testimonies often become the deciding factor in these cases.
Sec. 12-1. Assault. (a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.
The intent is what allows you to consider it an assault claim. Essentially, a civil assault consists of any intentional, violent action that causes you to feel apprehension and physical harm. You do not even need to be fully struck for it to be considered a civil assault.
Apart from eyewitness testimonies, physical evidence, medical records, and digital communications can also be used. However, witness testimonies often become the deciding factor in these cases.
If you are attacked, YES you can press charges even if coming out on top. It is probably advisable to press charges, particularly if the evidence is on your side, because your assailant may otherwise claim that you were the aggressor and sue you. Can you sue someone for assaulting you?
Proof beyond a reasonable doubt: This is the main burden of proof in criminal cases. To convict you of a crime, a prosecutor must prove your guilt beyond a reasonable doubt. This burden means the prosecution must show there is no other reasonable explanation for the evidence it presents at trial.
A general rule should be plain and simple; it should just lay out the connection between all of the RAs you are going to give. Assault is an intentional tort with 4 elements: (1) intentionally placing a person in (2) reasonable apprehension of an (3) imminent (4) harmful or offensive contact.
If you have been charged with assault, then you will be facing a class C misdemeanor. What is the jail time for simple assault? This offense can lead up to 30 days in jail and a maximum fine of up to $1,500.
Assault is verbal in nature, while battery is physical. For example, if you tell someone you will slap their face, you have committed assault. If you do actually slap the person's face, you have engaged in contact with the person and committed battery.