Battery

The criminal defense attorneys at The Davis Law Group, P.C. represent clients on a variety of criminal charges including battery in the Chicago Area and throughout Illinois. Battery charges are frequently prosecuted courtrooms throughout Illinois. Of course, those arrested for battery or any criminal offense should contact an attorney immediately to discuss the specifics of their case and develop the proper legal strategy.

Battery offenses can range from minor offensive contact to those that involve bodily harm. Either way, all types of simple battery charges are Class A misdemeanors and can lead to county jail time. Battery carries a maximum penalty of up to 1 year in jail and a fine not to exceed $2,500. Because battery is classified as a violent offense, if an individual is sentenced to jail, then under Illinois law, whatever jail sentence the Court imposes will actually be served. In other words, there is no day-for-day credit for those found guilty of this offense and sentenced to county jail.

Other available, and more common, sentences for those who have little to no criminal history are court supervision (a non-conviction disposition) and sentences such as conditional discharge and probation (which both result in the entry of a conviction). Other penalties may include community service (i.e. SWAP) or anger management.

Battery Defenses

One of the more common defenses for a battery charge is an assertion that the accused was acting in self-defense. A defense attorney may also argue that their client was acting either in defense of another person or in defense of his or her personal property. Each of these strategies is an affirmative defense, so it must be proven by the defendant. It is then the job of the prosecutor to disprove the affirmative defense beyond a reasonable doubt.

Aggravated battery is a simple battery that involves some aggravating factor but, unlike simple battery, is charged as a felony and, therefore, carries more serious potential penalties.

According to the Illinois statute 720 ILCS 5/12-3.05, a person may be charged with aggravated battery based on:

• The injuries sustained: The victim suffers great bodily harm, permanent disfigurement, or disability as a result of a battery.
• Injuries to a child under the age of 13 years, or a severely mentally disabled person, if the person committing the crime is at least 18 years old.
• Location: battery is committed in a public street or other public areas such as, entertainment areas, sports arenas, or domestic violence shelters.
• Victim status: Battery on a person over the age of 60, a pregnant woman, teachers, certain law enforcement and state employees, while they are performing official duties, and some medical personnel.
• Use of firearms and other devices: Battery committed with a firearm and battery committed by a person attempting to hide their identity or recording the incident with intent to share the footage with others.

The defense attorneys at The Davis Law Group, P.C. represent clients charged with battery and other criminal offenses throughout Cook County, Lake County and DuPage County. If you have been charged with battery, contact us today to discuss your case. Our knowledgeable Chicago criminal defense attorneys have decades of combined experience and are ready to provide the legal representation that you deserve.