Understanding Juvenile Assault vs. Battery in Illinois
Illinois covers assault and battery in § 720 ILCS 5/12-1 and § 720 ILCS 5/12-3.
Assault Definition and Examples: Assault is “engaging in conduct that places another in reasonable apprehension of receiving a battery.” An example of this could be threatening physical harm or raising a fist in a menacing way. Battery Definition and Examples: Battery is “Knowingly, without legal justification, causing bodily harm or making physical contact of an insulting or provoking nature.” Examples of this would be punching, kicking or slapping. If you are a juvenile in Illinois, being investigated for assault/battery, it is imperative that you quickly retain legal defense services.
If you are facing a juvenile assault or battery charge in Chicago, you can count on Combs Waterkotte to defend you. To benefit from our more than 80 years of combined legal experience, call our office today at (314) 900-HELP.
Common Types of Assault and Battery Cases in Chicago
You can be arrested for assault/battery as a juvenile in Illinois, if any of the following allegedly happened:
- Assault
- You threatened physical harm
- You raised a fist, without contact
- You attempted to hit someone
- You made verbal threats and aggressive actions
- Battery
- You hit or punched someone
- You pushed or shoved someone
- You spit on someone
- You threw objects at someone, that made contact
For juveniles, these cases frequently occur at school– on the bus, on school grounds or when a teacher’s allegation escalates into a juvenile court case. In many situations, what begins as a school fight, misunderstanding or heated argument can quickly turn into police involvement and formal juvenile charges.
With these cases relying upon witness statements, school reports and limited evidence, a Chicago juvenile assault/ battery lawyer can help you challenge the evidence, identify inconsistencies and build a defense that protects your rights and future.
How Juvenile Assault Cases are Investigated in Chicago
Specialized units within the Chicago Police Department (CPD) investigate juvenile assault cases and focus on rehabilitation, over punishment, for minors under 18.
- Collaboration with a Children’s Advocacy Center: The Youth Investigations Division and Special Investigations Unit (SIU) may handle these cases, collaborating with a children’s advocacy center.
- Detention Time is Based Upon Age: Individuals under 12 can be held for 6 hours, whereas a 12-16 year old can be held for 12 hours for non-violent crimes or 24 hours for violent crimes.
- The Investigation: From here, the investigation involves detectives conducting interviews, gathering video evidence and a state attorney can review the case and file a formal juvenile petition (in severe cases).
- Potential DCFS Involvement: If the assault comes with allegations of abuse or neglect by a caretaker, the Department of Children and Family Services (DCFS) can begin an investigation.
- Burden of Proof: The prosecution will still have to prove that you were delinquent “beyond a reasonable doubt,” but a jury trial is not usually held in these cases.
What Happens After a Juvenile Arrest in Chicago
If it is alleged that you committed assault/battery in Chicago, we can represent you through the juvenile justice system process.
This may include:
- Station Adjustment: Police may use a “station adjustment” to handle the case without court involvement (this may include curfews or community service)
- Detention Hearing: The detention hearing must take place within 40 hours
- Release or Detention: You may be released to a parent or guardian or held in a juvenile detention center (a judge may also order home confinement, electronic monitoring or community programs)
- Formal Charges: The State’s Attorney decides whether to file a “juvenile petition” (formal charges)
- The Adjudication Hearing: This is similar to a trial, where a judge will hear evidence to decide if you committed the offense
- Disposition Hearing: If you are found guilty, this is where the judge determines the outcome (which could include probation, counseling or, in serious cases, placement in a secure facility)
- Adult Prosecution: In more serious cases, a juvenile may be transferred to adult court
Can a Juvenile Be Tried as an Adult for Assault or Battery in Chicago?
If you are 16 or older in Chicago and charged with a forcible felony– such as aggravated battery involving a firearm– you may be prosecuted in adult criminal court. Some cases require mandatory transfer to adult court, while others may be transferred at the prosecutor’s discretion.
In discretionary cases (which can apply to juveniles as young as 13), the prosecutor must request a hearing. A judge will then decide whether the case should proceed in adult court, based on factors such as:
- The Safety of the Public
- The Seriousness of the Offense
- Your Criminal History
Once transferred to adult court, an assault/battery case cannot be returned to the juvenile system. Additionally, adult convictions for assault/battery come with much more severe penalties, including mandatory minimum prison sentences. To better understand if your case is at risk of being transferred to adult court, speak with a Chicago assault/battery lawyer today to review your situation and protect your rights.
Penalties for Juvenile Assault/Battery Convictions in Chicago, Illinois
Penalties for a minor convicted of juvenile assault can include:
- Probation (can involve school attendance, counseling or curfews)
- Community Service
- Therapy
- Restitution and Fines (court-ordered payments to the victim or community)
- Electronic Monitoring / House Arrest
- Detention in IDJJ facility (can be until the age of 21)
- Adult Prosecution (transfer, where significantly harsher penalties can apply)
Whether you are charged with assault or battery, the penalties in juvenile court depend upon the severity of the offense, your prior record and the circumstances of the case. To protect your rights and fight for the best possible outcome in your case, we encourage you to speak with one of our Chicago juvenile assault/battery lawyers immediately.
Defenses to Chicago Juvenile Assault/ Battery Charges
Common defenses in Chicago juvenile assault/battery cases include:
- Self-Defense or Defense of Others
- Defense of Property
- False Accusations
- Lack of Intent or Accidental Conduct
- Alibi
- Misidentification
- Insufficient Evidence
- Lack of Credibility / Inconsistent Statements
- Mutual Combat
By preserving evidence, such as photos, videos or text messages, and consulting with our Chicago juvenile assault/battery lawyers, we can identify the strongest defenses available and build a strategy to protect your rights and your future.
