Orland Park Battery Defense Attorney

DuPage County Domestic Violence Lawyer for Battery and Aggravated Battery Charges

The key here issue in many cases involving battery charges is "knowingly and without legal justification". In the majority of cases we have handled throughout the years, the battery charge stems from a fight or altercation with another person or persons. The defense of "self-defense" defeats the charge of battery because the person, acting in self-defense, is legally justified in committing the battery in order to defend himself. But note also that it is not an element of the charge of battery that the person is actually injured. A battery can be committed without the other person being injured, as, for example, if one person were to push another person down. Technically, that conduct could amount to a battery as being conduct of and 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.

The Sentence

CLASS A MISDEMEANOR – 364 DAYS MAX

Probation Possible? – Yes.

Supervision Possible? – Yes.

Time To Be Served – Must serve 50% of the sentence imposed

Success Story: We have represented countless people over the years who have been charged with battery. Most times, the cases go to trial because of conflicting testimony of the complainant, and witnesses, and our own client. We have tried hundreds of cases over the years. Having experienced trial lawyers is vital, not only for the trial itself, but for the fact that the reputation of our law firm is that we will not hesitate to take a case to trial if it is in the best interests of our client. Our first goal is NOT a plea agreement – it is dismissal - not guilty. We are skilled trial lawyers who know the art of trying cases before a judge or jury, and the art of cross-examination to elicit testimony favorable to our client's case.

Domestic Battery

Part of the burden of proof for the State in domestic battery cases is to (1) prove a battery occurred, but also prove (2) that the alleged victim was a "family or household member". The defense of "self-defense" defeats the charge of domestic battery because the person, acting in self-defense, is legally justified in committing the domestic battery in order to defend himself or herself. As with simple battery, no actual injury is required, no medical care or treatment is required; no doctor or hospital treatment is required for the State to meet its burden of proof beyond a reasonable doubt. As is the case with all crimes, the burden is on the State to prove each element of the offense beyond a reasonable doubt.

The Sentence

CLASS A MISDEMEANOR – 364 DAYS MAX

Probation Possible? – Yes.

Supervision Possible? – Yes.

Time To Be Served – Must serve 50% of the sentence imposed

Success Story: With the expansion of those persons falling under the category of "family or household member", domestic battery charges have become more prevalent in recent years. We have successfully defended clients at trial who have been found "not guilty". Some at bench trials and some wherein juries have returned the verdict of "not guilty". In one instance, we were retained to represent a man who was charged with domestic battery for allegedly striking his girlfriend. We were able to obtain, through subpoena, copies of the phone records and text records of the alleged victim. These records actually corroborated our client's defense that he was really the victim.

Aggravated Domestic Battery

As with the crime of simple battery, part of the burden of proof for the State is to (1) prove a battery occurred, but also prove (2) that the alleged victim was a "family or household member" . Additionally, as part of its proof beyond a reasonable doubt, the State must prove that the bodily harm was "great", or that any claimed disability exists and is permanent, or that any claimed disfigurement exists and is permanent. Additionally, the State would have the burden of proving that strangulation occurred. The law defines "strangle" as: "intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual."

The Sentence

CLASS 2 FELONY – 3-7 YEARS

Probation Possible? – Yes. But must serve at least 60 day sentence in jail.

Supervision Possible? – Not as charged.

Time To Be Served – Must serve 50% of the sentence imposed

Aggravated Battery Based on Injury

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, the State must prove, beyond a reasonable doubt, that the act or acts were done "knowingly". The defense of "self-defense" defeats the charge of aggravated battery because the person, acting in self-defense, is legally justified in committing the battery in order to defend himself. 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 Sentence

SENTENCING IS VARIED DEPENDING ON VARIOUS FACTORS

AGGRAVATED BATTERY BASED ON INJURY - SENTENCING SUMMARY

Battery of Unborn Child

Like with the crime of battery, the key here 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 to the charge of battery are available here, also.

The Sentence

CLASS A MISDEMEANOR – 364 DAYS MAX

Probation Possible? – Yes.

Supervision Possible? – Yes.

Time To Be Served – Must serve 50% of the sentence imposed

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.