Battery

Monday, June 6, 2016

Accused of Battery in Rolling Meadows? Here's What You Need to Know


Battery is a serious crime in the state of Illinois, and it’s one that can land you behind bars. If you’ve been accused of battery in Rolling Meadows or the surrounding communities, including Chicago, your best bet is to talk to a Rolling Meadows battery defense lawyer as soon as possible. Your attorney can explain the entire court process to you, answer your questions, and ensure that you get the best possible outcome in your case.
Read more . . .


Monday, October 5, 2015

What's the Difference Between Assault and Battery?

If you’re like many people, you’ve heard the terms assault and battery used interchangeably. They’re often used together, too (especially on crime shows), so it can be confusing to determine which term means what.

The Difference Between Assault and Battery Under Illinois Law

Assault and battery are two separate offenses, and they’re classified according to severity just like other offenses are.

Assault Under Illinois Law

Assault is defined as “conduct which places another in reasonable apprehension of receiving a battery.”

Battery Under Illinois Law

Battery is defined as conduct that causes bodily harm to another person or insulting, provocative or unwanted physical contact with another person.

Assault and Battery: Related, but Not the Same

Although assault and battery can go hand-in-hand, a person can be guilty of one and not the other.

For example, you can commit assault without following through and committing battery; likewise, you can commit battery without ever having committed assault.

Common Defenses to Battery Charges

Sometimes battery is permitted under Illinois law, such as when:

  • It occurs during self-defense or defense of someone else
  • It happens because you’re defending property
  • The victim consented to the contact

In order for a prosecutor to prove a battery charge, the defendant must have engaged in conduct that caused bodily harm to another person or physically contacted someone in an insulting, provocative, or unwanted way.

Consequences of Assault and Battery

If a judge convicts you of assault or battery, you could spend time in jail, pay large fines, or both. A judge could also order you to perform community service.

Some types of assault are misdemeanors, while others are felonies. The same goes for battery. Naturally, felony consequences are more severe than misdemeanor consequences are. In fact, if you’re convicted of a felony, you could spend between 1 and 3 years in prison, receive a fine of up to $25,000, or both. Further, if you have prior convictions for the same crime, the state may be able to increase the term of your imprisonment.

Were You Charged With Assault, Battery, or Both?

If you’ve been charged with assault, battery, or both, it might be a good idea to call a Chicago criminal defense lawyer who can help.

You can call us at 847-920-4540 or get in touch with us online if you need to discuss your case with an attorney. We may be able to defend you against assault and battery charges in Chicago, Skokie, Rolling Meadows or Schaumburg.


Friday, July 25, 2014

What Counts as Battery in Chicago?

Battery. You’ve heard the term before, but what does it really mean? It doesn’t help that people often use assault and battery as interchangeable terms (they’re not). As a Chicago assault and battery lawyer, many people ask me where the state of Illinois draws the line between the two.

What’s the Difference Between Assault and Battery?

First, let’s clear up the difference between assault and battery. Illinois law defines assault as when one person “places another in reasonable apprehension of receiving a battery.” You can be charged with assault even if you never caused anyone harm – but battery is another story.

You can be charged and convicted of battery when you harm someone or when you cause someone harm without physically touching them.

See? It’s a little confusing. So what counts as battery?

Battery: What Can Get You Charged and Convicted

If you cause bodily harm to another person, you can be charged with battery. However, you don’t even need to harm them to be charged with battery.

It’s not unusual for people to be charged with battery for things like:

  • Punching, slapping or hitting
  • Spitting on another person
  • Choking
  • Kicking
  • Pushing
  • Touching another person in an unwelcome manner

Possible Battery Defenses

There are several ways to show the courts that you’re not guilty of battery. While every case is different, your assault and battery attorney will be able to evaluate your case and see what applies to you. Your lawyer might feel that you can claim:

  • Self-defense
  • Defense of another person
  • Defense of property
  • The victim’s consent

Even if these things don’t apply in your case, there may be a perfectly good reason for what happened. Your lawyer, once he knows the whole story, will be able to begin to build your defense.

The Consequences of a Battery Conviction in Chicago

There are two distinct types of battery in Illinois: simple battery, which is a misdemeanor, and aggravated battery, which is a felony.

If you’re convicted of misdemeanor battery, you could spend up to a year in jail and be required to pay a fine of $2,500. People who are convicted of aggravated battery can end up serving time in prison. It’s always best to consult with a Chicago assault and battery lawyer who can thoroughly evaluate your case and get to the truth of the matter.


Sunday, February 24, 2013

The Typical Bar Fight - ILDefense.com Blog

 

Did you engage in what seemed to be a petty “bar fight” and now face criminal battery charges?  How did a simple night out result in such chaos?
 
Battery occurs when there is bodily harm or provoking contact.  Therefore, whether or not you touched the other person, if contact was made in some form, then it is considered a battery.  While offensive contact may be considered battery (i.e., throwing a drink on another person), the most commonly indicted battery charge is often the result of a fight where there was punching, shoving, hair pulling, pushing, slapping, and the like.  A minor shove, for example, could result in battery charges.
 
Depending on the victim’s injuries, a battery can be punished as a misdemeanor or felony offense.  The possible sentence for a simple battery is up to one year in jail and a fine of $2,500.  If the victim sustained more severe injuries, you will likely be charged with Aggravated Battery, a felony.
 
Former prosecutor Matt Fakhoury has extensive experience defending those charged with Aggravated Battery.  To help avoid a felony conviction, prison sentence, and fines, call the Law Offices of M. Fakhoury today or visit us at ILDefense.com
 

 


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