Assault, Battery + Domestic Violence Charges in Chicago, IL
Chicago Assault, Battery + Domestic Violence Attorney
Have you been charged with Assault, Battery, or Domestic Violence in Chicago, IL?
Being charged and convicted for Assault, Battery, or Domestic Battery can have severe consequences including mandatory jail sentences. There are always two sides to every story and a judge or jury will always believe the story that is most credible. Having an attorney who is relatable, compassionate, and has experience with being on both sides of the law is imperative. The State has dedicated prosecutors who are well trained in trying cases in front of a jury. Choose Bernard Law to represent you if you are charged with an Assault, Battery, or Domestic Battery and let us create an effective defense in your case.
Understanding Assault Charges in Chicago, IL
The offense of an Assault is a Class C misdemeanor offense punishable up to 30 days in jail. Contrary to common belief, in Illinois, the criminal offense of an assault does not require physical contact with another person. Rather, a person can be charged with assault when they knowingly engage in conduct that places another person in reasonable apprehension of receiving a battery. Reasonable apprehension means a person engaging in conduct where a “normal” person would expect to be struck or receive a battery based on the conduct of that person. For example, a person raising their fist in very close proximity to another person, throwing a rock in the direction of another person, or swinging a fist and missing the other person are all examples of an assault. In many situations we can challenge the State’s evidence of an assault. For example, the distance between people, barriers between people, or just words being used are all factors to challenge the offense.
Aggravated Assault in Illinois
Aggravated Assault is a Class A misdemeanor punishable up to 364 days in jail. When a person commits an assault and there are “aggravating circumstances” surrounding the assault, a person can be charged with this offense. Aggravated circumstances can include the following class of people: senior citizens, police officers, school officials, and persons with a physical disability. In addition, a person can be charged with Aggravated Assault if they commit an assault with a deadly weapon. For example, swinging a knife and pointing a firearm are situations a person can be charged with Aggravated Assault. Similar to Assault, the factors and circumstances of an Aggravated Assault charge can be challenged in the same way an Assault charge. Contact Criminal Defense Attorneys in Chicago.
Battery Charges in Chicago, IL
In Illinois, there are two types of Battery charges. The first and the most common way a person can be charged with battery is when an individual knowingly and without legal justification makes physical contact of an insulting and provoking nature with another individual. For example, if someone pushes another person without provocation, it is a battery.
The second type of a battery charges is when an individual knowingly and without legal justification causes bodily injury to another person. For example, if a person punches another person and causes a laceration to that person, they would be charged with battery causing injury. Battery causing injury is much more serious charge and involves more severe consequences. A Battery charge can also be sexual in nature and does not have to involve fighting. For example, if a person gropes, massages, or otherwise touches an individual in an offensive way, they can be charged with Battery. Battery is a Class A misdemeanor and carries with it the possibility of 364 days in jail, a fine of up to $2,500 or a combination of the two. There are many defenses to raise against a Battery charge. For example, if a person was acting in self-defense, if the alleged defendant is mentally ill, or if the contact was not actually offensive (two individuals are mutually fighting and being struct was expected and provoked) are all ways to challenge a Battery charge.
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A person can be charged with Aggravated Battery when they commit a Battery and there are “aggravating circumstances” that make the original Battery charge more serious. The class or position of a person who is a victim of a battery can warrant an Aggravated Battery charge. For example, if a person commits a Battery on a Police Officer, they can be charged with Aggravated Battery. Another example is if a person commits a battery upon a senior citizen, they can be charged with Aggravated Battery. In addition, the type of injury caused can warrant an Aggravated Battery charge. For example, if a person causes great bodily harm they can be charged with Aggravated Battery.
Broken bones and severe lacerations are examples of great bodily harm. The location of where a battery occurred can also warrant an Aggravated Battery charge. For example, if a person commits a battery in a public place, they can be charged with Aggravated Battery. Using a deadly weapon and causing bodily harm can also warrant a person being charged with Aggravated Battery. Like Battery, there are many defenses to raise to challenge the charge of Aggravated Battery. Aggravated Battery is a felony and carries a possible prison sentence. At times, the State requires minimum prison sentences for a person charged and convicted of Aggravated Battery.
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Domestic Battery is an all too familiar charge in the United States. Statistics show that 1 in 3 woman and 1 in 4 men have experienced some form of physical violence by their intimate partner. Therefore, there are extremely strict laws that surround the charge of domestic battery and could have drastic consequences on your livelihood. Not only can a person be charged with domestic battery for committing a battery to their spouse, but family members can be charged with domestic battery for fighting amongst themselves. Additionally, household members can be charged with domestic battery if they commit a battery against one another.
The charge of Domestic Battery is simply a Battery involving two people who are in a domestic relationship. Domestic Battery is a Class A misdemeanor and carries with it a mandatory conviction, up to 364 days in jail, and a fine of up t $2,500 if a person is found guilty of the charge. If the alleged victim received injuries, jail time is a very likely consequence. It is of the upmost importance to have an attorney in your corner who will fight for you and keep your well-being as a top priority.
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Like Aggravated Battery, Aggravated Domestic Battery is a simply a Domestic Battery charge with aggravating circumstances. In addition, certain actions perpetrated upon a victim in the commission of a domestic battery can warrant an Aggravated Domestic Battery charge. For example, if the alleged offender chokes his or her victim, they can be charged with Aggravated Domestic Battery. Aggravated Domestic Battery is a Felony, and at times, it carries mandatory prison sentences and hefty fines.
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Self-Defense is a well-known aspect of criminal defense, but the law that surrounds this affirmative defense is not as straight forward as one would expect. The law states that a person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force. The alleged offender has the burden of proving that he or she acted self-defense. The alleged offender has more to prove than simply “I was trying to protect myself.” They must also prove that his or her actions were reasonable to defend himself and that the alleged offender was faced with imminent or immediate harm, among other things.
A jury or judge will determine the facts and decide whether the alleged offender acted reasonably. Additionally, when an alleged offender raises this defense in the case of him or her causing a death, they must prove that the force that was used was necessary to prevent imminent death OR great bodily harm to himself or another. A judge or jury will determine if the death that was caused was necessary to prevent the alleged offender’s death or prevent the alleged offender from great bodily harm. Self-defense can be raised in both misdemeanor and felony cases.
Frequently Asked Questions: Assault
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Assault generally refers to the act of intentionally causing another person to reasonably fear imminent harm, while battery involves the intentional and offensive physical contact or harm inflicted upon another person.
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Domestic Battery refers to a battery that is committed by a person in which the victim is a family or household member. A household member can be a roommate, cousin, brother, girlfriend, wife, etc.
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Consequences vary based on jurisdiction, severity of the offense, and prior criminal history. They can include fines, probation, mandatory counseling, restraining orders, and imprisonment.
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Yes, assault charges can be filed even without physical contact. The act of making someone fear imminent harm or creating a reasonable apprehension of harm can be sufficient for an assault charge.
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No, domestic violence can encompass various forms of abuse, including physical, emotional, sexual, or financial abuse. It can involve actions or threats that cause fear, harm, or control within an intimate relationship.
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Once charges are filed, the decision to pursue or drop them rests with the prosecuting attorney, not the alleged victim. In some cases, the prosecutor may consider the victim's wishes, but they ultimately determine whether to proceed with the case.
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Yes, self-defense can be a valid legal defense if the accused reasonably believed they were in imminent danger of harm and used reasonable force to protect themselves.
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Yes, minors can be charged with assault or battery. However, the legal process for handling juvenile offenses may differ from that of adults, with an emphasis on rehabilitation rather than punishment.
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An order of protection, also known as a protective order, is a legal order issued by a court to protect a person from potential harm or harassment from a household member. It can be obtained by victims of assault or domestic violence to limit contact with the accused.
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A Stalking No Contact Order is designated for people seeking protection from a non-household member such as neighbors, acquaintances, etc.
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It is highly recommended to consult with an experienced criminal defense attorney in Chicago, IL. if you are facing any of these charges. A skilled attorney can help protect your rights, navigate the legal process, and build a strong defense strategy on your behalf.
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You need a domestic violence lawyer to protect your rights, navigate the legal process, and ensure a fair trial. Domestic violence cases can be emotionally charged and legally intricate. An experienced lawyer understands the complexities, builds a strong defense, negotiates on your behalf, and safeguards your future by striving for reduced charges, dismissal, or acquittal.
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Domestic violence charges in Illinois trigger legal proceedings. You'll be arrested, charged, and may face protective orders or no-contact orders. The case will proceed to court where potential penalties, like fines, probation, or jail time, depend on the severity of the offense.
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Jail time for domestic violence in Chicago varies based on factors like the nature of the offense, prior criminal record, and state laws. Penalties range from probation to several years in prison for more severe cases.
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An Assault charge is typically a misdemeanor in Illinois, depending on the circumstances. Aggravated assault, which is a also a misdemeanor, can have more serious consequences if a person is found guilty.
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A domestic violence conviction will remain on your background permanently. However, if you are found not guilty or the case is dismissed, you may be able to clear the arrest from your record.
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Yes, hiring a lawyer for a domestic violence case is highly recommended. Domestic violence cases are complex and emotionally charged, often involving serious consequences. An experienced lawyer can navigate the legal system, build a strong defense, negotiate on your behalf, and protect your rights throughout the process. Their expertise can help you achieve the best possible outcome and minimize potential penalties.
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Choose Bernard Law, P.C. for your assault, battery, and domestic violence case in Chicago for our unwavering dedication to your defense. Our experienced attorneys possess a deep understanding of local laws and court procedures. We provide personalized attention, crafting robust defense strategies to protect your rights. With a proven track record of success, we are committed to securing the best possible outcome for your case.
