What is a Battery Charge in Chicago, Illinois?
Battery is a different charge from assault in that it actually requires the element of physical contact. It is not unusual for these charges to arise after a fight, domestic dispute or office altercation.
The required elements of a battery charge are that:
- You knowingly caused bodily harm or
- You made insulting/provoking physical contact with another person (the standard that will be applied here is that any “reasonable person” would have found your contact to be insulting/provoking)
As a violent crime, battery carries serious penalties that should be taken very seriously.
When you have been charged with battery in Chicago, you need to take swift action to protect your rights and reputation. Our Chicago battery defense lawyer is prepared to go to bat for you; contact us today at (314) 900-HELP.
What Penalties Should I Expect for a Battery Charge in Chicago?
What might seem like a simple misunderstanding that arose from the heat of the moment can turn into a battery charge with serious consequences.
Usually a Class A misdemeanor, a battery charge can carry with it the following penalties:
- A 364 day sentence in jail
- A fine up to $2,500
- Restitution for medical expenses
- Other penalties such as probation, anger management counseling or community service
- A criminal record
If your charge is elevated to a felony offense, you could be facing additional penalties as well.
What are the Different Types of Battery Charges in Chicago?
You could be facing three different types of battery charges in Chicago.
These include:
- Simple Battery: A Class A misdemeanor, simple battery is “intentionally causing bodily harm or making physical contact of an insulting or provoking nature with another person.”
- Aggravated Battery: A felony offense, aggravated battery usually involves special circumstances such as causing great bodily harm, permanent disability or disfigurement. It can also involve a specific victim such as someone over 60, a pregnant woman, a teacher, law enforcement officer or emergency medical provider.
- Domestic Battery: This charge involves physical contact with or harm to your family or household member. Usually a Class A misdemeanor, domestic battery can be elevated to a felony offense if you have prior convictions.
Because every battery case in Chicago is unique, speaking with an experienced Chicago criminal defense lawyer is critical so that you understand your charges and can build the strongest possible defense.
Can Battery Charges be Reduced or Dismissed in Chicago?
Depending on the circumstances surrounding your case, we may be able to get your charges reduced or dismissed.
Common reasons for a battery charge to be reduced or dismissed in Chicago include:
- The evidence against you is insufficient
- The alleged victim in your case is unwilling to cooperate
- Your rights were violated during your arrest (for example, your 4th Amendment rights were violated through an unlawful search and seizure or your 5th Amendment rights were violated by police when they failed to read you your Miranda rights)
Our Chicago battery defense lawyer may be able to work with prosecutors to reduce your charges–even if elevated to a felony– or pursue an outcome that helps you avoid a conviction altogether.
For example, you may be able to qualify for a diversion program that allows your charges to be dismissed upon completion of that program.
What to Do After a Battery Arrest in Chicago?
If you were recently arrested for battery in Chicago, it is important that you take the following steps to avoid jeopardizing your case:
- Exercise your right to remain silent
- Do not discuss your case with anyone
- Stay off social media and refrain from posting about anything related to your case
- Retain an experienced Chicago battery defense lawyer
- Comply with release conditions
- If you have a no-contact order against you, don’t contact the victim in any way
- Prepare for your court appearances and know what to expect
- Document everything you can remember about the altercation (what happened before, during or afterwards, names of witnesses and any injuries or evidence)
- Preserve any evidence that could be used in your defense (example: photos of your injuries that you sustained during the fight, text messages or videos or social media interactions)
The most important step you can take is to protect your rights immediately. When you contact Combs Waterkotte, our legal team will provide clear guidance at every stage and begin building a strategy to reduce or resolve your charges as effectively as possible.
Common Defense Strategies in Chicago Battery Cases
When you reach out to our team of Chicago battery defense lawyers, we will immediately get to work analyzing your case and determining which defenses might best be applied to your case.
Common defense strategies in Chicago battery cases include:
- Self-defense: You acted to protect yourself from imminent harm, making the force used necessary and reasonable.
- Defense of others: You acted to protect someone else from imminent harm, making the force used necessary and reasonable.
- False accusations: We may be able to challenge the credibility of your accuser, especially if the fight arose due to a relationship conflict or custody dispute.
- Lack of intent: If we can argue that the physical contact was accidental, negligent or playful, this will undermine that the alleged actions were harmful or insulting.
- Lack of evidence: If the alleged victim doesn’t have any injuries or if there aren’t any witnesses or no credible witnesses, we will be able to establish reasonable doubt.
- Mutual combat: When two people willingly agree to fight each other (example: a bar fight or street fight), it can be difficult for the prosecution to prove that you committed battery.
Why Choose our Chicago Battery Defense Lawyer
When you have found yourself in a situation that has escalated and resulted in criminal charges, who you hire as your defense matters. At Combs Waterkotte, our Chicago battery defense lawyers have over 80 years of combined legal experience and have handled over 10,000 cases.
Other qualifications that set our firm apart include:
- 24/7 availability when you need immediate legal guidance
- Extensive experience handling serious and high-stakes criminal cases
- A team that includes former prosecutors, private investigators and forensic experts
- Dedicated support staff to ensure your case receives our focused attention
- Trial-ready defense from day one–we prepare every case as if it will go to trial
When you turn to Combs Waterkotte for legal representation, you can have peace of mind that you are choosing the right Chicago battery defense lawyers to handle your case.
