Battery in Illinois; Chicago Misdemeanor and Felony Defense
Are you charged with battery in Chicago? Are you confused about the specific charge against you and the possible penalties it carries?
Battery is a complex crime under Illinois law. There are several different types of battery defined in the law. Illinois law regards the different types of battery with differing degrees of severity and assigns a range of penalties that can range from a Class A misdemeanor all the way up to a Class X felony, the second most serious crime you can commit in Chicago. These are serious charges and you need a Chicago Criminal Defense Lawyer on your side.
What is the Crime of Battery under Illinois Law?
Battery in Illinois occurs when you intentionally or knowingly, and without legal justification, cause bodily harm to a person OR make physical contact of an insulting or provoking nature to a person.
If the battery occurs between people involved in a family relationship or a domestic relationship, then the charge becomes “domestic battery.” Domestic battery is the most frequent crime in the State of Illinois. Domestic battery and other specific types of battery can have different, and sometimes much more severe, penalties than the charge of simple battery. For instance, defendants charged with domestic battery might find themselves carrying around a GPS ankle bracelet in addition to other penalties.
Notice that you do NOT have to actually strike someone or cause him or her physical harm to receive a charge of battery against you. It is enough to touch someone in an insulting or provoking manner where that touch is not wanted.
What Sentence do You Face if You are Convicted for Battery in Chicago?
The crime of simple battery is a Class A misdemeanor with possible penalties of up to one year in jail and a fine of $2,500.
Illinois law defines some special instances of battery that carry more serious consequences. For instance, a defendant’s second domestic battery offense is a Class 4 Felony. A charge of domestic battery can be a Class 4 felony even as a first offense under some circumstances. And in cases involving great bodily harm, it becomes a class 2 felony. Some battery cases are Class X felony crimes, which is the most serious category of crime in Illinois besides first-degree murder. Aggravated battery of a child and aggravated battery with a firearm are among the Class X felony battery crimes in Illinois. These are very serious charges because you cannot receive probation for these offenses. You must serve time in prison, up to 30 years in fact.
You need an Experienced Chicago Criminal Defense Lawyer
Because of the potential for physical harm and violence, a conviction for a Class A misdemeanor battery is regarded much more seriously by potential employers, loan officers, and housing managers than many other misdemeanor crimes. You need the able legal counsel of Chicago criminal defense lawyer Michael P Schmiege to win a not guilty verdict or a reduced charge in your case.
The charge of battery includes several elements that an experienced Chicago criminal defense lawyer can fight for you. To be convicted, the prosecutor must show your intent in the crime – that you “knowingly” caused physical harm or an insulting or provoking contact.
A guilty verdict on a charge of battery is not a foregone conclusion. The specific facts and circumstances of your case, as examined and presented by a skilled attorney, might paint a clear picture of your innocence. Mr. Schmiege will thoroughly investigate the circumstances of your case and work diligently to characterize what actually happened in the best possible light. He will be right beside you through every step of the legal process to protect your rights and ensure that you have a thorough and skilled defense.
Contact Chicago criminal defense lawyer Michael P. Schmiege. He will fight for your rights when you’ve been charged with battery.