In Assault Cases the Apprehension of a Battery Must be Reasonable

In order to prove the offense of assault, the prosecution must show beyond a reasonable doubt that the defendant placed the alleged victim in "reasonable apprehension of receiving a battery." See, 720 ILCS 5/12-1(a).

Attacking the prosecution's case on whether it was "reasonable" for the alleged victim to apprehend receiving a battery can be a productive defense tactic. An alleged victim's claimed apprehension of receiving a battery simply may not be reasonable given all circumstances of the case.

If the apprehension is not "reasonable," then an element of the offense is missing, and the prosecution should not prevail.