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Archive for the ‘battery charges’ tag

The Difference Between an Assault Charge and a Battery Charge

June 12th, 2017 at 12:33 pm

assault and battery, assault charge, battery charges, Rolling Meadows criminal defense attorney, Illinois crimeAssault and battery is a common criminal charge. We often see the charges linked together as if they are the same offense. However, in the state of Illinois, these are two distinct charges that many times go hand in hand with each other but do not have to.

Criminal assault in Illinois is defined as an act or conduct that places another individual in reasonable apprehension of bodily harm. Whereas, a battery is the actual unwanted, unsolicited physical conduct which usually immediately follows an assault. Still, there can be a battery without the accompanying assault charge—the same way one can be charged with assault without being charged with a battery.

Why Does the Difference Matter?

The difference between the two matters because the available defenses differ based on the crime or crimes with which you are being charged. For example, self-defense is a common defense to a battery allegation; however, self-defense is not a traditional defense to a pure assault charge. General defenses to assault and battery charges include:

  • Defense of property;
  • Self-defense or defense of another;
  • Consent of the victim to the contact (battery charge specific); and
  • Lack of a legally reasonable apprehension about an impending battery (assault charge specific).

Are the Penalties for an Assault the Same for a Battery?

This is a question for your Chicago criminal defense attorney. There are many variables that can affect the sentence of either an assault or a battery. Those variables include:

  • Whether the assault had a sexual component;
  • Whether the battery included a deadly weapon; and
  • The types of injuries the victim sustained.

A “simple” assault is a class C misdemeanor under Illinois law. This can carry a fine of up to $1,500 and up to 30 days in jail. However, if one of the above-mentioned aggravating circumstances is present, then the fines can become significantly harsher. For example, if you are convicted of felony aggravated assault and battery, you may be facing a class 4 felony that carries a potential punishment of up to three years. Other aggravating factors can affect your sentencing, like having a prior record.

I Have been Charged with Assault and Battery, How Do I know if it is a Felony?

The first step you need to take is to consult your experienced Rolling Meadows criminal defense attorney at The Law Offices of Christopher M. Cosley. Our dedicated legal team defends misdemeanors as well as felony criminal charges of assault and battery. A Criminal conviction may alter the course of your life for good.  Therefore, do not try and defend yourself alone. Contact us at 847-394-3200, 24 hours a day, so that we can get to work defending you and your rights.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+12%2C+Subdiv.+5&ActID=1876&ChapterID=53&SeqStart=20887500&SeqEnd=22225000

Domestic Battery Requires a Certain Relationship Between the Accused and the Accuser

February 27th, 2017 at 12:16 pm

domestic battery, Rolling Meadows Criminal Defense LawyerIn Illinois, domestic battery charges are taken very seriously. Just a first time conviction can result in a number of consequences. Possible jail time, a fine, and a criminal record are a few of the more obvious consequences of a domestic battery conviction. However, a conviction can also cause you problems in a child custody battle or when you apply for certain types of employment. Anyone who is facing criminal domestic battery charges needs to seek the help of an experienced criminal defense lawyer as soon as possible.

Victim and Abuser Relations That Warrant Domestic Battery Charges

Domestic battery charges are reserved for alleged abusers and victims that are in a specific domestic relationship with one another. The abuser and the victim must be in a familial relationship or the two must be members of the same household. For instance, battery that occurs between two people in the following relationships constitutes domestic battery:

  • Husband and wife;
  • Boyfriend and girlfriend;
  • Ex spouses;
  • Ex significant others;
  • Two people who share a child;
  • Siblings;
  • A parent and a child or stepchild;
  • An adult grandchild and a grandparent;
  • Anyone related by blood or marriage;
  • Two people living together, such as roommates;
  • Two people who formerly lived together; or
  • People who have disabilities and their caretakers or personal assistance.

Knowingly causing physical harm to someone with whom you share a domestic relationship without legal justification for your actions is domestic battery under Illinois law if you cause the other person bodily harm. It is also considered domestic battery to make physical contact with someone you share a domestic relationship with in a provoking or insulting way. Unjustified pushing, shoving, hitting, or controlling behavior are all types of domestic battery.

Why it is Important to Fight Domestic Battery Charges?

A domestic battery conviction is a serious matter. Generally speaking, you cannot get a domestic battery conviction expunged from your criminal record—government entities and prospective employers and landlords could view your criminal history and learn that you are a convicted domestic batterer. In limited circumstances can you qualify to have your domestic battery conviction expunged, and after it has been on your record for five years.

Only a skilled and experienced domestic battery criminal defense lawyer will be able to help you fight the charges that are pending against you. Even if you were acting out of self defense, or you believe that the physical contact was an accident, you need to discuss your potential defenses with a lawyer.

Contact The Law Offices of Christopher M. Cosley

False allegations of domestic battery happen all the time, and someone could be wrongly accused and prosecuted for a domestic battery that did not occur. An experienced Rolling Meadows criminal defense lawyer will work with you to establish the facts and determine what defense strategy is best for you.

Sources:

https://www.illinois.gov/osad/Expungement/Documents/Crinminal%20Exp%20Guide/ExpungementSealingOverview.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

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