Battery and Aggravated Battery

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This page gives a very general overview of the procedures, penalties, and defenses involved in an Illinois Battery or Aggravated Battery prosecution. Every case is fluid and unique and the law is constantly changing, so there is no substitute for having the facts of your case analyzed by an Illinois Battery and Aggravated Battery lawyer.

What is “Simple” Battery in Illinois?

A simple battery occurs when you make actual physical contact with another person to either injure, insult, or provoke them. 720 ILCS 5/12-3. In Illinois, Simple Battery is a Class A misdemeanor punishable by up to a year in jail and up to $2500 in fines.

What is “Aggravated” Battery in Illinois?

A Simple Battery can be charged as, or upgraded to, an aggravated battery if it is committed with the intent to do great bodily harm, committed with a deadly weapon, or if it is committed against a certain class of people such as teachers, the elderly, or pregnant women. Furthermore, wearing a hood while committing a battery, poisoning another’s food, hitting someone while they are in a public place, or hitting a police officer are all examples of conduct that would fall under the Illinois aggravated battery law.

What happens if I plead guilty to Battery or Aggravated Battery?

Caution! Never plead guilty to any kind of battery charge without first considering that a guilty plea in the criminal case could open the door for a civil lawsuit against you. The only way to avoid this danger is to either negotiate a total dismissal with prosecutors or to beat the case at trial.

Five Ways to Beat Your Illinois Battery or Aggravated Battery Charge

  1. Show that the Battery or Aggravated Battery never occurred. In many cases, battery accusations are made because of a grudge, or, because a verbal disagreement got out of hand. Police are usually called after the fact and may not have seen what happened. If it is the accuser's word against yours, there may not be enough evidence for the prosecution to meet their burden of proving the case against you. If there were witnesses, it is important that they be interviewed as early as possible.

  2. Argue self-defense or defense of others. In Illinois, a person is justified in the use of force against another when he reasonably believes it to be necessary to defend himself or another against another's imminent use of unlawful force. Again, if there were any witnesses to the incident, it is important that they be interviewed as early as possible.

    For a more detailed look at proving self-defense please read my blog article "Proving Self-Defense in Illinois Simple Battery, Aggravated Battery, and Homicide Cases".

  3. Research the accuser's criminal background. This strategy is closely related to the self-defense argument. Your accuser may have been convicted of an assault or battery in his or her past. Many people are surprised at how often their accuser has such a conviction in their background. If properly researched and investigated, a prior conviction in the accuser's background can be used to corroborate your self-defense argument and get your case dismissed.

  4. Obtain any video that may have recorded the alleged assault or battery. Video cameras are everywhere and there may be a video of the incident out there that you don't know about. If so, it is important to act fast to obtain this tape because video tapes are rarely kept more than thirty (30) days and sometimes only kept for three (3) days or less.

  5. There are some legal and technical defenses to battery and aggravated battery best discussed in person that may apply in your case.

What are my settlement options?

I recognize that your goal is to protect your record and get your case dismissed, with as little cost, time, effort, and risk as possible. Although not available in all cases, you may be able to enter into an agreement with prosecutors that would get your case dismissed in exchange for anger management counseling, community service, or some other diversionary agreement. I have often been able to arrange such agreements with prosecutors who recognize that education and support, not harsh punishment, creates the most benefit for the accused as well as for society as a whole.

For a more detailed look at settlement options, please read my blog post "Avoiding a Criminal Conviction in Cook County and Illinois".

Call for a Free Case Evaluation

Facing a Battery or Aggravated Battery prosecution may be the most stressful thing you will ever go through in your life. I’ve helped hundreds defeat criminal charges, or at least control the damage they can cause, and I can guide you through the complex road ahead. If there is a way to beat your case, I will find it. If there is a way to settle your case quickly while keeping your record clean, I will find it. On the way phone calls and email will be answered promptly and you will have direct access to me personally.

Call me at 312.789.8050 or contact us online for a free consultation.

Related Blog Entries

Proving Self-Defense in Illinois Simple Battery, Aggravated Battery, and Homicide Cases

The Use of Battery to a Police Officer Charges to Cover Up Police Brutality

Doctors and Nurses Convicted of Battery or Sex Offenses Lose Their License in Illinois