Often associated with assault charges, under Illinois law, a charge of battery can result from causing someone any injury or physical contact that could be considered either “provoking or insulting”. Assault by itself, is only creating the physical threat of injury.
Battery is a Class A misdemeanor charge, which can result in penalties of up to 1 year in jail and fines of up to $25oo.
Aggregated Battery Laws & Penalties
A charge of Aggravated Battery under Illinois law can result from causing serious or life threatening physical harm or injury.
Aggravated Battery is a Class 3 felony charge, which can result in penalties of up to 2-5 years in jail and fines of up to $25,0oo.
While any criminal charge is serious, a felony offense like aggravated battery is a situation where you want to get the top legal advice you can find.
Can I Win a Battery trial in Illinois?
Of course. You are innocent until proven guilty, and there are many circumstances where you can beat the charges. It could be a case of mistaken identity, self defense, or quite simply a situation where the prosecution really can’t prove beyond a reasonable doubt that you are guilty of this charge.
While fighting a battery charge at trial is always your options, most criminal charges end up being plead out in court. A plea deal for an aggravated battery charge might mean agreeing to a battery charge if the prosecution will take jail time off the table. Anytime you are facing a signficant risk of spending time in jail, and you can work out a deal to avoid that, it is something to consider.
Of course, all criminal cases are different, so it takes an experienced criminal defense lawyer to help you sort through your options and lay out the best alternatives for you to protect your rights and freedom in court.
Contact us for a free legal case evaluation.