Battery is a serious crime, and anyone accused of criminal battery in Illinois should contact a highly experienced defense attorney as soon as possible. Under Illinois law, you commit a battery if you knowingly do either of the following:
- Come in physical contact with another person in a provoking or insulting manner
- Cause physical harm to another person
This means that even if you lightly touch someone, it may be a battery under the law if the touching was offensive or unwanted.
Generally speaking, battery is a Class A misdemeanor in Illinois. If a prosecutor charges you with aggravated battery, you will face felony charges. Aggravated battery charges apply when a battery involves a deadly weapon, causing serious bodily injury or disability to another, battery against certain individuals, including children or police officers, or other aggravating factors.
The maximum penalties for battery and aggravated battery charges include:
- Class A misdemeanor conviction, up to one year in county jail, fines up to $2,500
- Felony conviction, up to five years in state prison, fines up to $10,000
In cases involving certain aggravating factors, the penalties can increase substantially.
Battery charges often arise out of a fight, such as a domestic altercation, a bar fight, or an encounter with an aggressive stranger. A situation that seems like no big deal can then turn into lasting penalties if the court convicts you of battery. Often, when police respond to a call of a fight or disturbance, they do not know who started the fight or who was at fault. Officers then usually choose someone to arrest or arrest both parties. For this reason, facing wrongful battery charges is common, and anyone charged with battery needs the right defense lawyer on their side as soon as possible.
Defenses in Battery Cases
The available defenses in your case will depend on the circumstances of the alleged battery and of your arrest. The following are only some possible ways to fight against battery charges
Self-defense. Illinois law permits you to use force against another person when you reasonably believe that the force is necessary to protect yourself from harm. With a self-defense claim, you admit that you committed the battery, though you claim you had legal justification to do so. There are certain requirements to claiming self-defense, including
- Demonstrating that a reasonable person in the same situation would also believe that force was necessary for protection from harm
- Showing that you only used the amount of force that was reasonable under the circumstances, and you did not escalate the situation. For example, if someone shoves you, the law does not allow you to pull out a potentially deadly weapon. You can only use potentially lethal force if you are in fear of serious or deadly bodily harm. Additionally, you cannot use a self-defense claim against mere verbal threats.
- Showing you were not the aggressor in the situation. If you were the aggressor, self-defense is only permissible if the other party significantly escalates the level of violence, or if you retreat from the encounter and they continue pursuing you.
Defense of others. The law also allows you to take action to protect others from harm. For example, if someone hits your spouse, you are justified in stepping in and using reasonable force necessary to protect your spouse from further battery. The same rules regarding the degree of force for self-defense also apply to this defense.
Defense of property. Illinois is one of the states that allows you to use force to defend a home, car, or other property. Again, you must have a reasonable belief that force against you on your property is imminent in order to use force to defend it. Generally, using deadly force is only permissible when you are trying to stop someone from committing a felony in the home, or if someone violently and forcibly enters your home and you believe you must use such force to protect yourself and others in the home.
Consent. A battery is not a crime if the alleged victim agreed to the physical contact. Consent can happen in different ways, including:
- You are at a social event and you meet someone who agrees to let you put your arm around them. You do so, and they suddenly accuse you of unwanted touching and battery. You can claim they consented to the physical contact to fight the battery charges.
- You are at a bar and a disagreement breaks out between you and another patron. The patron asks if you “want to take this outside” to fight. You go outside together and each punch each other. The other patron tells officers that you started it and you get arrested for battery. You can present witness testimony that the patron agreed to – and even suggested – the physical fight.
Fourth Amendment Violations
Police officers cannot arrest you without either a warrant or probable cause that you committed a crime. If officers show up at a house where multiple people are fighting, they may simply start arresting individuals without really knowing who was involved. Such an arrest violates your rights under the Fourth Amendment of the Constitution of the United States.
These are only some ways our skilled attorneys can fight against battery allegations. We can use evidence to engage in negotiations with prosecutors to get your charges dismissed or reduced or to reach a favorable plea agreement for lesser charges and a lesser sentence. We will explore the best possible options in your particular case.
Protect Your Future! Call Our DuPage County Criminal Defense Lawyers Today!
Getting in a fight may not seem like a serious matter, however, you can find yourself in handcuffs and then facing serious criminal allegations. Whether you face charges of battery or aggravated battery, know that there are ways to defend against these charges. At the law firm of Kent Law, L.L.C., our criminal defense attorneys represent clients throughout DuPage County in Illinois. Please do not wait to call (630) 474-8000 at any time if you would like to discuss an arrest or criminal case.