Aurora Battery Lawyer
About Battery Offenses – What you should know.
Battery is considered one of the most serious misdemeanor violations one can commit. Simple Battery is Class A Misdemeanor, and is considered a "Crime of Violence". The allegation for this offense, is that you committed bodily harm or contact of an insulting or provoking nature to another person. Illinois law provides for enhanced criminal charges if the alleged victim suffered serious injury or permanent disfigurement. Further, if you are convicted of Battery, you cannot expunge this offense from your criminal record.
If you are currently employed or are seeking new employment, a conviction for Battery may cause you to lose your job or will preclude you from other employment opportunities. Therefore, it is absolutely critical that you hire an experienced Battery Defense Attorney who can help you beat your case.
The applicable Illinois Statute is 720 ILCS 5/12-3 which states in part:
"A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual."
Though "bodily harm" should be self-explanatory, contact of an "insulting or provoking" nature is much more difficult to define. Clearly, "Spitting" on someone is contact of an "insulting or provoking" nature, but what about knocking an item out of someone's hand?
What if the "bodily harm" was a result of "Mutual Combat" such as a fight? What if the "bodily harm" was caused by the accused defending themselves, a family member or their personal property?
These are the type of fact specific issues that a criminal defense attorney would analyze in determining the strengths/weaknesses and legal defenses in your particular case.
Penalties for Battery in Illinois
The Criminal Charge of Battery is a Class A Misdemeanor. The maximum penalties for the charge of Battery, is up to one year in County Jail with Fines and Cost of $2,500.00 or both. In addition, the Presiding Judge in your case can also sentence you to a period of Probation, Anger Management Counseling, Alcohol Counseling, Drug Counseling, and Public Service Work. In some instances, you may also be required to pay restitution for any medical expenses incurred by the alleged victim. Battery, is considered a "Crime of Violence" and a conviction can adversely affect you for the rest of your life.
Defenses to Battery in Illinois
In order to prepare a defense to Battery, an experienced Criminal Defense Attorney will analyze the evidence that the Prosecutor will use to prove their case. There will be certain types of evidence that will determine the strength of the Prosecution's case such as:
- Photographs of any injuries.
- Photographs of the location where the alleged Battery took place.
- Written statements of the alleged victim.
- Police Reports of the Investigating Officers who arrived on scene.
- Medical records, if the alleged victim was taken to the hospital.
- 911 recordings made at the time of the incident.
- Any written or verbal statements made by the accused.
- Any witness statements from individuals that are not from the alleged victim.
- The Facts and Circumstances leading up to the alleged battery.
In some instances, some counties offer a Diversion program, in which you may be required to attend Anger Management Classes and pay all associated costs and fees in exchange for a dismissal of your Battery charge. If this type of Diversion program is not available, an experienced Battery Defense Attorney may be able to have your charges dismissed or reduced based on a lack of evidence. If trial is the only option, you may be able to assert "Self-defense", "Defense of others" or "Defense of Property", in your Simple Battery case. In addition, if the complaining witness is not available to testify or refuses to testify, and is not present in court on the day of trial, your Battery case may be dismissed due to a reluctant complaining witness. Finally, the Prosecutor has the ultimate burden of proving your case "Beyond a Reasonable Doubt," and must convince a Judge or a Jury that they have met that burden before you can be found guilty of Battery.
Contact an Aurora Simple Battery Defense Attorney
Simple Battery is a very serious criminal offense, and you should contact an experienced Criminal Defense Attorney immediately. Prosecutors view Simple Battery cases as "Crimes of Violence". Crimes of Violence are considered the most serious, because they involve harm to other people, rather than property. A conviction for Battery can also carry with it very serious consequences, and can irreparably damage your reputation and employment opportunities. I can provide you with advice on how to address your pending Simple Battery case and can provide you with a plan to protect your freedom and your future. I understand the value of your freedom and the importance of your reputation and I will use my knowledge and experience to secure the best possible results in your case.
To contact a Simple Battery Defense Attorney at the Law Offices of David Lee, Please call:
The Law Offices of David Lee is available in Kane, Kendall, Dupage and Dekalb Counties