Now that bars and restaurants are opening back up, many Illinois residents are eager to enjoy a night out. Unfortunately, sometimes a fun night out on the town ends with police sirens and handcuffs. If you or a loved one were arrested after being involved in a bar fight, you may be unsure of what will happen next. Can you face jail time for getting into a physical altercation at a bar? What if you were only defending yourself? Individuals who have allegedly gotten into a bar fight are often charged with serious offenses like assault and battery which are punishable by significant criminal penalties.
Understanding The Crimes of Battery and Assault
People often use the terms “assault” and “battery” interchangeably, however, these are completely different offenses in Illinois. Assault is defined as conduct that would put someone in reasonable apprehension of being injured. For example, cocking your fist at someone and verbally threatening them could be considered assault. Battery is the actual physical contact.
Assault is a Class C misdemeanor that is punishable by up to 30 days in jail or community service and a fine of up to $1,500. However, the offense can be elevated to aggravated assault if the alleged aggressor used a firearm or other deadly weapon, committed the offense against a protected person, or committed the offense in certain locations. Aggravated assault may be a Class A misdemeanor, Class 3 felony, or Class 4 felony depending on the specific circumstances of the alleged crime. If you are convicted of aggravated assault, you could be sentenced to several years in prison. Using a deadly weapon or firearm during a bar fight can lead to charges for aggravated battery, a Class 3 felony punished by up to five years in prison, and a maximum fine of $25,000.
What to Do If You Were Arrested After a Bar Fight
If you were arrested because of your alleged participation in a bar fight, do not assume that the situation will blow over. Even innocent bystanders can sometimes be mistaken for aggressors in a chaotic barroom brawl and charged with a criminal offense. Do not answer police questions and contact an experienced criminal defense lawyer right away.
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Source:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqEnd=23000000&SeqStart=21100000