Assault and Battery are different charges. Assault occurs when a victim feels physically threatened or reasonably believes themselves to be in danger. Battery, on the other hand, is the additional charge that ensues when the victim actually suffers bodily harm. For that reason, if you have been charged with battery, there is a strong chance you are also liable to assault charges. You can find complete information on assault, including potential defense strategies, here
Battery is found in the Illinois criminal code under 720 ILCS 5/12-3, which states:
“A person commits battery if he (or she) intentionally or knowingly without legal justification and by any means causes bodily harm to an individual or makes physical contact of an insulting or provoking nature with an individual.”
In addition to aggravated battery charges, an individual can also be liable for the related crimes of aggravated assault on a police officer, domestic battery, and breaking restraining orders
Usually a simple battery charge is elevated when the charge is elevated when the incident results in serious injury, such as broken bones, internal injuries, loss of teeth, or serious lacerations. If the victim required hospitalization or other serious medical attention, the expectation is an aggravated battery charge.
Serious injury is not the only means for raising the charge. If the offender masks their identity, rmakes a video recording of the attack, possesses a dangerous weapon or firearm, then the charge will be aggravated assault. Even if the offender simply uses a device that appears like a dangerous weapon, the charge will be raised.
While simple battery results in a misdemeanor charge, aggravated battery is always a felony charge. Depending on the circumstances and aggravating factors, it can be classified a Class 3, Class 2, Class 1, or even Class X felony.
Class 3 felonies result in a term of imprisonment for 2 to 5 years. For Class 2, Class 1, and Class X felonies, the term of imprisonment can increase up to 30 years. If the defendant has at least one prior conviction for the same crime, that prison term can double to a maximum of 60 years.
While an aggravated battery conviction can land you in serious, life-changing trouble, an aggressive lawyer can provide the best possible case to reduce or avoid a sentence. Unless you have been charged with a Class X felony, it is possible to receive probation instead of a prison sentence.
An aggressive Will County criminal defense lawyer has a range of tactics available to defend against a conviction. The principle defenses include defense of self, property, or others.
It should be noted, however, that there are limitations to each of these defenses. A defendant may have been authentically acting in defense of themselves or another, but that must be demonstrated in court. Additionally, even if you were clearly acting in defense, that does not justify any amount of force used against an assailant. Similarly, in the case of defending property, not all property is treated alike. It is one thing to use mace on an intruder in your home or to trip a pickpocket who is running away with your wallet. That does not mean that you will necessarily be justified for shooting an unarmed person in your yard or beating a thief senseless.
Michael Schmiege runs a boutique firm of nationally recognized criminal defense lawyers for Will County, including the cities of Joliet, Bolingbrook, Plainfield, Romeoville, Lockport, and New Lenox. Give your future the best chance with our highly skilled defense strategies and understanding of prosecutor tactics. Aggressive, skilled legal counsel is always your best chance for a favorable outcome when your future is in jeopardy. Contact us immediately to ensure you have strong legal representation for drug charges in Will County.
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