Orland Park Battery Defense Attorney

Lawyer for Battery and Aggravated Battery Charges in Orland Park, IL

In many cases, when a person is charged with a violent crime, the specific charges will involve assault and/or battery. In general, assault involves a threat to harm someone or other actions that caused a person to reasonably believe they would be injured, while battery involves the intentional infliction of injuries or making insulting or provocative contact. Understanding the penalties that may apply for these offenses and the potential options for defense is crucial for those who are facing criminal charges. At Issa Law, LLC, we can provide a strong defense for people charged with assault, battery, or related crimes.

Assault and Aggravated Assault

In most cases, assault is a Class C misdemeanor, and if a person is convicted, they may be sentenced to up to 30 days in jail. They may also be ordered to complete between 30 and 120 hours of community service. A charge may be elevated to aggravated assault if the alleged victim was in a certain group of people, such as police officers, or if the person allegedly used a firearm or another deadly weapon. Aggravated assault may be charged as either a Class A misdemeanor or a Class 4 felony.

Battery

The key issue in many cases involving battery charges is whether a person acted "knowingly and without legal justification". In the majority of cases we have handled throughout the years, charges of battery stem from a fight or altercation with another person or persons. Claims of "self-defense" may be used in some cases if a person can show that they were legally justified to commit battery in order to defend themselves. However, battery charges do not require an alleged victim to actually be injured. Battery can be committed without the other person being injured, such as, for example, if one person were to push another person down. Technically, that could amount to a battery due to conduct of an insulting or provoking nature. As is the case with all crimes, the burden is on the state to prove each element of the offense beyond a reasonable doubt.

Battery is typically charged as a Class A misdemeanor, with a maximum sentence of 364 days in prison. 50 percent of the sentence imposed must be served. Probation or court supervision may be available.

Domestic Battery

People accused of committing domestic violence may be charged with domestic battery, which is a Class A misdemeanor for a first offense and a Class 4 felony for a second offense. In these cases, the state must not only prove that battery occurred, but it must also prove that the alleged victim was a "family or household member" of the accused. Self-defense may be a valid defense to use in these cases. As with simple battery, no actual injury is required, and it will not be necessary to show that medical care or hospital treatment was needed. As is the case with all crimes, the burden is on the state to prove each element of the offense beyond a reasonable doubt.

As with other Class A misdemeanors, a person convicted of domestic battery for the first time may be sentenced to up to 364 days in prison. If a person is convicted of a Class 4 felony for a second domestic battery offense, a sentence of one to three years may apply. A person will be required to serve at least 50 percent of their sentence, and probation or court supervision may be possible.

Aggravated Domestic Battery

More serious charges may apply if a person allegedly caused great bodily harm or disfigurement to a member of their family or household. As with the crime of simple domestic battery, part of the burden of proof for the State is to prove that battery occurred and that the alleged victim was a "family or household member." Additionally, the state must prove that the bodily harm was "great" or that any claimed disability or disfigurement exists and is permanent. If a person is accused of strangling someone else when committing domestic battery, the state would have the burden of proving that strangulation occurred. The law defines "strangle" as intentionally preventing a person from breathing normally or intentionally cutting off blood circulation by applying pressure to the neck or throat or by blocking a person's mouth or nose.

Aggravated domestic battery is a Class 2 felony offense. A conviction may lead to a sentence of three to seven years. At least 50 percent of a prison sentence must be served. Probation may be possible, but a person will be required to serve at least 60 days of a jail sentence. Court supervision will not be available.

Aggravated Battery Based on Injury

A person may be charged with aggravated battery if they intentionally inflict serious injuries on someone else. It is important to note that this charge applies only when a firearm is not used. There is a separate law that governs the use of a firearm (See Unlawful Use of Weapon). To be convicted of aggravated battery, the state must prove beyond a reasonable doubt that the act or acts were done "knowingly." A person may be able to demonstrate that they acted in self-defense. As is the case with all crimes, the burden is on the state to prove each and every element of the offense beyond a reasonable doubt.

The specific sentence that may apply for a conviction on aggravated domestic battery charges will depend on various factors. A person who caused great bodily harm or strangled someone may be charged with a Class 3 felony, and they could be sentenced to between two and five years. Causing great bodily harm or permanent disability to a person over the age of 60 is a Class 2 felony that may lead to a sentence of three to seven years. Causing great bodily harm or permanent disability or disfigurement to certain people, such as first responders, is a Class 1 felony carrying a potential sentence of four to 15 years. Causing severe disabilities or great bodily harm through the use of explosives or toxic substances may result in Class X felony charges, and a person may face a mandatory sentence of six to 45 years. In most cases, at least 50 percent of a sentence must be served. Probation may be possible for Class 1, Class 2, or Class 3 felonies.

Battery of Unborn Child

Battery committed against a pregnant person that caused harm to a child will typically be charged as a Class A misdemeanor. As with the crime of battery, the key factor is that the action must be "intentional or knowing" as it relates to the unborn child. That means that the person must know the woman is "with child." All of the defenses available in other types of battery cases may also be used in these situations.

Contact Our Mokena Domestic Battery Defense Lawyer

If you are facing charges related to battery or domestic violence, Issa Law, LLC can help you defend against a conviction. Contact us at 708-966-2408 to schedule a consultation.