Chicago, IL Battery Defense Lawyer

Skilled Attorney Helping People Charged With Battery in Chicago, Illinois

Of the different offenses that are classified as violent crimes, battery is one of the most common reasons people may be arrested. Battery charges can lead to jail time, steep fines, and a permanent mark on a person's record. Unlike assault, which involves threatening conduct that makes someone fear harm, battery requires actual physical contact. However, the contact does not have to cause injuries. Even minor incidents, such as a shove during an argument, can escalate into criminal charges.

At Miranda Law Office, LTD, we provide representation for clients who have been accused of battery or aggravated battery in Chicago. Attorney Miguel Miranda has experience working as a Cook County prosecutor, and he understands the factors that are often involved in these cases. He has been working in the field of criminal law for over 20 years, and he can craft effective defenses to help protect clients' rights. With deep ties to the Chicago community and the ability to provide legal services in both English and Spanish, our firm ensures that our clients have the representation they need as they address serious criminal charges.

When Can a Person Be Charged With Battery?

Under Illinois law, battery may include any actions in which a person intentionally caused someone else to suffer bodily harm, as well as physical contact of a provocative or insulting nature. The relevant statute, 720 ILCS 5/12-3, does not require an alleged victim to suffer an injury. Any unwanted touching that offends or provokes another person may fall under the legal definition of battery.

Physical contact is what distinguishes battery from assault, which involves conduct that causes someone to fear imminent harm. For example, raising a fist and threatening to strike someone may constitute assault, while actually throwing a punch may result in a battery charge if it makes contact. Assault and battery are often charged together, but battery may also be charged separately, such as when a person is accused of attacking someone else from behind and without warning.

Examples of Situations That Could Lead to Battery Charges

A person may be arrested for battery in a variety of circumstances, some of which may involve misunderstandings or emotionally charged disputes. Common scenarios where battery charges may apply include:

• Bar Fights or Altercations in Public: Pushing, hitting, or grabbing another person during an argument at a restaurant, nightclub, or sporting event could be considered a criminal offense.
• Domestic Disputes: Striking or physically shoving a family or household member during an argument could lead to an arrest for domestic violence, the issuance of an order of protection, and charges of domestic battery.
• Road Rage Incidents: A person who is accused of pulling another driver out of their vehicle or making physical contact during a traffic confrontation could face battery charges.
• Protests or Demonstrations: Alleged physical contact with law enforcement officers or counter-protesters during a street demonstration could lead to an arrest for battery.
• Escalated Verbal Disputes: Touching someone in an offensive manner, such as spitting on them, grabbing their clothing, or poking them in the chest during a heated exchange could lead to battery charges, even if there were no injuries.

Penalties for Battery and Aggravated Battery in Illinois

"Simple" battery is a Class A misdemeanor offense. A conviction may result in fines, a jail sentence, or both. The maximum sentence is one year, and the maximum fine is $2,500. A person may also be required to take mandatory anger management counseling or serve a period of probation, and a conviction will result in a permanent criminal record.

Battery charges become more serious in cases involving aggravating factors. Aggravated battery is a felony offense, and the specific charges may range from a Class 3 felony carrying a prison sentence of two to five years to a Class 1 felony with a potential sentence of multiple decades. Charges involving serious bodily harm to others, the use of a firearm, or injuries to first responders will be more likely to result in severe penalties.

Defense Strategies for Battery Charges

Attorney Miranda can help determine the best approach to take when defending against accusations of battery. He will use his legal knowledge, investigative skills, and courtroom advocacy to protect clients from the consequences of a conviction. Defense strategies may include:

• Self-Defense: Our lawyer may take steps to demonstrate that a person was taking actions to protect themselves or someone else against being injured by the alleged victim.
• Lack of Intent: Our attorney may argue that physical contact was accidental and not intentional.
• False or Exaggerated Allegations: Our lawyer can find inconsistencies in the accuser's story or identify motives for false claims.
• Insufficient Evidence: Our attorney can challenge the credibility of witnesses and point out gaps or contradictions in the prosecution's case.

Contact Our Chicago, Illinois Battery Defense Attorney

If you are facing battery or aggravated battery charges, you need a knowledgeable, experienced attorney who can defend your rights. Miranda Law Office, LTD will provide you with strong legal representation to help you prevent a conviction. Contact our Chicago battery defense lawyer by calling our office at 773-588-3822 and arranging a confidential consultation.