If you‘ve been charged with battery in Chicago, you‘re probably feeling overwhelmed and unsure of what to do next. Battery is a serious criminal offense in Illinois that can result in hefty fines and even jail time. But don’t panic – with the right legal representation, you can navigate this difficult situation and protect your rights.
What is Battery Under Illinois Law?
In Illinois, battery is defined as causing bodily harm to another person or making physical contact of an insulting or provoking nature1. This means even a slight touch, like poking someone in the chest during an argument, could be considered battery if the other person finds it offensive.There are two main types of battery charges in Illinois:
- Simple Battery – Class A misdemeanor punishable by up to 1 year in jail and a $2,500 fine3. Involves physical contact without consent that causes bodily harm or is of an insulting/provoking nature.
- Aggravated Battery – Felony punishable by 2-5 years in prison2. Charged when battery results in serious injury, involves use of a weapon, or is committed against certain protected persons like police officers.
Some examples of acts that could lead to battery charges include:
- Punching or kicking someone in a fight
- Shoving someone during a heated argument
- Throwing an object that hits another person
- Spitting on someone
- Poisoning someone’s food2
Penalties for Battery Convictions
If convicted of simple battery, a Class A misdemeanor, you face up to 1 year in county jail and a maximum $2,500 fine3. Because battery is considered a violent offense, any jail sentence will be served in full day-for-day with no chance for early release or good behavior credit.For first-time offenders with no criminal history, probation or court supervision (a form of deferred judgment) may be possible instead of jail. You may also be ordered to perform community service, attend anger management classes, and pay restitution to the victim.An aggravated battery conviction, a felony, comes with 2-5 years in state prison and up to $25,000 in fines2. Having a felony record can impact your ability to find employment, housing, and educational opportunities long after you complete your sentence.
Defenses Against Battery Charges
Being charged with battery doesn’t mean you’ll automatically be convicted. An experienced Chicago battery lawyer can assess the unique facts of your case and build a strong defense on your behalf. Some common defenses to battery charges include:
- Self-defense – You have the right to use reasonable force to protect yourself if you reasonably believe you’re in imminent danger of unlawful force3. For example, if someone throws a punch at you first, you can defend yourself.
- Defense of others – Similar to self-defense, you’re justified in using force to protect another person from imminent harm3. If you see someone being physically attacked, you can intervene.
- Defense of property – You can use reasonable force to prevent someone from illegally entering or damaging your property3. Shoving a burglar who broke into your home, for instance.
- Consent – If the alleged victim consented to the physical contact, like in a contact sport or a medical procedure, it’s not battery4. Consent is invalid if obtained by force or from someone legally unable to consent.
- Insufficient evidence – The prosecution has the burden to prove every element of battery beyond a reasonable doubt. If there are no independent witnesses, video footage, or visible injuries, it may be your word against the accuser’s.
Your lawyer will carefully review police reports, interview witnesses, and gather evidence to craft the most effective defense strategy for your case. In some situations, it may be possible to get charges reduced or dismissed entirely.
What to Do If You’re Charged With Battery
If you‘re arrested for battery or issued a notice to appear in court, exercise your right to remain silent. Anything you say can be used against you later. Politely inform the police you won’t answer questions without a lawyer present.Other important steps to take:
- Contact a Chicago battery lawyer ASAP – Look for an attorney with specific experience handling battery cases. Schedule a consultation to discuss your case and legal options. Many offer free initial consultations.
- Show up for all court dates – Missing a required court appearance can result in a warrant for your arrest and additional charges. Your lawyer will make sure you understand the court process.
- Follow your lawyer’s advice – Your attorney will guide you on how to dress for court, what to say to the judge, and whether accepting a plea deal is in your best interest. Cooperate fully with their legal strategy.
- Stay out of trouble – While your case is pending, avoid contact with the alleged victim or any witnesses. Don’t discuss your case on social media. Obey all laws and court orders, including restraining orders.
Remember, an arrest is not a conviction. With a skilled Chicago battery lawyer in your corner, you can fight the charges and work towards the best possible outcome. Your attorney will protect your constitutional rights and ensure you’re treated fairly throughout the legal process.
Choosing the Right Chicago Battery Lawyer
Not all criminal defense attorneys have the same level of experience or track record of success. When your freedom and future are on the line, it‘s critical to choose a lawyer you can trust to fiercely advocate for you. Look for these qualities:
- Experience – How long has the lawyer been practicing criminal defense law? Have they handled battery cases similar to yours? Do they have experience taking cases to trial?
- Results – What is the attorney’s record of getting charges reduced or dismissed for clients? Have they secured not guilty verdicts at trial? Be wary of lawyers who only tout plea deals.
- Reputation – Is the lawyer respected by judges, prosecutors, and other attorneys? Do they have positive reviews from former clients? Are they active in professional organizations?
- Communication – Does the attorney promptly return your calls and emails? Do they take the time to answer your questions and explain the process? You should feel confident in their ability to keep you informed.
- Fees – How does the lawyer charge for their services? Do they offer payment plans? Are their fees reasonable for the complexity of your case? Get all fee agreements in writing.
