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Archive for the ‘battery’ tag

What Are the Penalties for Battery in Illinois?

November 20th, 2017 at 9:32 am

aggravated battery, aggravated domestic battery, battery, domestic battery, penalties for batteryBattery, unlawfully and knowingly causing physical bodily harm to someone else or making physical contact of a provoking or insulting nature with the person of another, is a serious criminal offense in the state of Illinois. Moreover, battery is punished in a variety of different ways—the severity of which depends on the circumstances surrounding the battery and the type of battery with which the offender is charged. 

Battery & Aggravated Battery

Battery as defined in code section 720 ILCS 5/12-3 is a Class A misdemeanor that is punishable by up to one year in prison and a fine of up to $2,500. However, in some instances, those convicted of battery will instead be sentenced to probation rather than imprisonment and be required to attend counseling and/or engage in a set amount of community service.

Additionally, if the offender is convicted of aggravated battery under code section 720 ILCS 5/12-3.05, then he or she can be punished in any of the following ways, depending on the severity of the aggravating factors present:

  • Class 3 felony: Punishable by up to five years in prison and a $25,000 fine;
  • Class 2 felony: Punishable by up to seven years in prison and a $25,000 fine;
  • Class 1 felony: Punishable by up to 15 years in prison and a $25,000 fine; and
  • Class X felony: Punishable by up to 60 years in prison and a $25,000 fine.

Battery of an Unborn Child & Aggravated Battery of an Unborn Child

An offender who knowingly and without legal justification causes physical harm to an unborn child and is convicted of battery of an unborn child in Illinois under code section 720 ILCS 5/12-3.1, is guilty of a Class A misdemeanor, and can be sentenced to serve up to one year in prison and to pay a fine of up to $2,5000.

However, if the offender knowingly caused great bodily harm to the unborn child, then he/ or she can be convicted of aggravated battery of an unborn child, which is a Class 2 felony, and sentenced to serve up seven years in prison and pay up to $25,000 in fines.

Domestic Battery & Aggravated Domestic Battery

Domestic battery occurs in Illinois when an individual knowingly and without legal justification physically harms or makes physical contact of a provoking or offensive nature with a household or family member and is generally classified as a Class A misdemeanor. Domestic battery is punishable by up to one year in prison and a fine of up to $2,500. 720 ILCS 5/12-3.2.

However, domestic battery can constitute a Class 4 felony under some circumstances—for example, if the offender was previously convicted of domestic battery, violating a protective order, or a serious violent crime such as first degree murder, etc.—and is punishable by imprisonment for up to one year. Additionally, aggravated domestic battery in Illinois is a Class 2 felony that is punishable by up to seven years in prison and a fine of up to $25,000.

Charged with Battery? Contact a Local Criminal Defense Lawyer Today

No matter which type of battery you have been charged with in Illinois, it is important that you take the allegations that have been levied against you seriously and consult with a skilled Rolling Meadows criminal defense lawyer about your legal options without delay. At The Law Offices of Christopher M. Cosley, we offer a free initial consultation to prospective clients and would be happy to meet with you.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqEnd=23000000&SeqStart=21100000

Charged With Domestic Violence When You Acted in Self-Defense?

November 18th, 2016 at 9:39 am

domestic violence, self-defense, Rolling MeadowsDomestic disputes occur between significant others and family members frequently in Illinois. Sometimes these  get out of hand and rise to the level of domestic violence.  

Under Illinois law, domestic violence generally involves acts of violence or threatening behavior between two people who share a domestic relationship, or used to share a domestic relationship. Domestic violence disputes arise between spouses, exes, significant others, family members who are related by blood or marriage, and people who share a living space, such as roommates.

Even the most minor physical contact can be construed as a battery. If you are concerned that someone is likely to make a false claim of domestic violence against you, you should avoid making physical contact with that person at all costs. But just because you deliberately refrain from physical contact does not mean that someone will not make an attack on you.

Charged with Domestic Violence When You Acted in Self-Defense

There are many cases of domestic assault and battery where the accused is charged with domestic violence when he or she was merely acting in self-defense. While it is unfortunate that charges are being pressed against you for domestic violence, it is fortunate that self-defense could be a potential defense to these charges.

Under Illinois law, a person is justified to use force against another when he or she believes that the use of force is necessary to defend him or herself from imminent harm from another’s use of force. A skilled Illinois criminal defense lawyer can examine the specifics of your case and help ensure the charges are dropped against you if you were acting in self defense.

Defense of Others Might Also be a Defense to Domestic Violence Charges

Not only can you act in self defense, but you can also act in the defense of others. Another common scenario where domestic violence charges are filed involves one person acting violently or threateningly against someone else, where a third party steps in to aid in the defense of the victim. If this occurred in your case, it is imperative that you speak to an attorney as soon as possible to ensure your rights are protected.

Let Us Help With Your Domestic Violence Defense

If you are faced with allegations of domestic violence, but you believe that your actions were justified as an act of self defense or the defense of others, you should contact a dedicated Rolling Meadows domestic violence defense lawyer as soon as possible. Our attorneys can examine the specifics of your criminal charges in Illinois, and utilize our knowledge and experience to help craft a solid defense. Reach out to us today for a consultation and to learn how we can be of assistance.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2100

Assault in Illinois

April 23rd, 2015 at 5:00 am

Illinois defense attorney, Illinois criminal lawyer, Illinois criminal statutesWhat exactly is assault? Because different states have different standards, there can often be confusion about what counts as assault, what counts as battery, and whether they are the same thing. For example, our neighbor to the southwest, Missouri, does not recognize a crime of battery and considers all offenses that involve striking another person to be “assaults.” Here in Illinois, however, we have multiple types of assault and multiple types of battery.

Simple Assault in Illinois

The first assault crime in Illinois is known as either “assault” or sometimes as “simple assault.” A person commits this crime when he or she, without lawful authority, knowingly does something that places another person in reasonable apprehension of receiving a battery. So the immediate follow up question has to be: what is considered a battery in Illinois? Illinois defines battery where one person knowingly, without legal justification, either (1) causes bodily harm to an individual, or (2) makes physical contact of an insulting or provoking nature with an individual. Basically, one commits an assault when one makes another reasonably afraid that they are either about to suffer bodily harm or be touched in some sort of insulting or provoking way. Simple assault, on its own, is a relatively minor offense in Illinois. It is only a Class C misdemeanor. There is a special sentencing provision that requires that anyone convicted of assault perform between 30 and 120 hours of community service if such community service is available in the community where the assault was committed, unless the person is sentenced to actual incarceration.

Aggravated Assault in Illinois

Aggravated assault is like simple assault, but the facts of the case are somehow worse than a simple assault; thus, aggravated assaults are punished more harshly. There are three main times of aggravated assault in Illinois:

  • Assaults aggravated based on location of the conduct;
  • Assaults aggravated based on the status of the alleged victim; and
  • Assaults aggravated based on the use of a firearm, device, or motor vehicle.

Aggravated assault based on location or conduct comes in a few forms. This includes assaults that are committed against a person who is on or about a public way, assaults that take place on public property, assaults that occur at a place of accommodation or amusement, and assaults that occur at sports venues. This kind of aggravated assault is a Class A misdemeanor.

Aggravated Assault Based on Victim Status

Aggravated assault based on the status of the alleged victim is the most sweeping part of the aggravated assault law. Alleged victims who have special protections under this statute include:

  1. Physically handicapped people and people aged 60 or older;
  2. Teachers and school employees on school grounds, grounds adjacent to the school, or in any part of a building used for school purposes;
  3. Park district employees on park grounds, grounds adjacent to park grounds, or in any part of any building used for park purposes;
  4. Peace officers, community policing volunteers, firefighters, private security officers, emergency management workers, EMTs, or utility workers under certain circumstances;
  5. Correctional officers or probation officers who are performing their official duties;
  6. Employees of jails, prisons, and juvenile detention centers or treatment centers for sexually dangerous or sexually violent persons who are doing their official duties;
  7. State or local employees and officials doing their official duties;
  8. Transit employees performing their duties and transit passengers;
  9. Sports officials or coaches who are involved in any level of athletic competition; and
  10. Process servers who are engaged in their official duties.

The severity of each type of offense based on victim status depends upon the exact victim status in question. Most of them are Class A misdemeanors, but some of them are class 4 felonies.

Aggravated Assault Based on Use of a Firearm, Device, or Motor Vehicle

There are nine types of aggravated assault that fit into this category. It includes assaults where the assailant is:

  1. Using a deadly weapon, air rifle, or item that looks like a firearm;
  2. Discharging a firearm other than from a motor vehicle;
  3. Discharging a firearm from a motor vehicle;
  4. Wearing a hood, robe, or mask to conceal the assailant’s identity;
  5. Flashing a laser sight near a person;
  6. Using a firearm but not discharging it when the victim is some sort of law enforcement or first responder doing their job;
  7. Operating a motor vehicle in a manner where someone would reasonably fear they could be hit;
  8. Operating a motor vehicle in a manner where a law enforcement-type or first responder would reasonably fear being hit; or
  9. Recording the assault with the intent of disseminating the recording.

Call the Law Offices of Christopher M. Cosley

If you have been charged with assault, you need an experienced Rolling Meadows criminal defense attorney on your side. Christopher Cosley has represented many people in your very position and he wants to fight for you. Call the Law Offices of Christopher M . Cosley today at (847)394-3200.

Assault and Battery Law in Illinois

June 28th, 2014 at 6:49 am

battery, Assault & Battery, Chicago criminal defense attorney, Christopher M. Cosley, Cook County criminal defense lawyer, Rolling Meadows, The Law Offices of Christopher M. Cosley, Class C misdemeanor, assault crime, aggravated assault, Class 4 felony, aggravated batteryAssault and battery are two serious offenses that are treated as such in criminal courts in the state of Illinois. Those charged with such crimes are advised to immediately seek the help of an experienced criminal defense attorney to protect their rights. Below are some of the basics regarding relevant assault and battery laws in Illinois.

Assault

In the state of Illinois, an assault charge is usually graded as a Class C misdemeanor. The penalties associated with such an offense are a maximum of 30 days incarceration and up to $1,500 in fines. Typically, the facts that give rise to such a charge involve engaging in conduct or acting in a way that places another in fear of harm. It is important to note that the crime of assault does not necessarily involve physical contact with the victim; a verbal threat or threat of physical harm is enough to meet the law’s requirements.

Certain circumstances warrant a charge to be elevated to an aggravated assault. This usually happens when a deadly weapon is involved, the defendant is disguised when committing the crime, or the alleged victim is within a certain class of individuals, including but not limited to teachers, law enforcement officials, and firemen. Aggravated assaults are graded as Class A misdemeanors, which carry a maximum one-year jail sentence and a fine of up to $2,500. If the victim falls within the designated class of individuals, the crime becomes a Class 4 felony and carries a maximum three-year prison term and a maximum $25,000 fine.

Battery

Under Illinois law, it is considered battery if a person causes bodily harm to another or makes insulting or provoking contact with another. Pushing someone could be the basis for a battery charge. Because the crime invokes physical harm, it is generally treated more seriously than assault. Battery is graded as a Class A misdemeanor and can invoke a maximum jail term of one year or a fine of up to $2,500.

Aggravated battery is charged when the victim suffers significant bodily harm or permanent disability. The use of a firearm could also support a charge of aggravated battery. This crime is graded as a Class 3 felony and carries a maximum five-year prison term as well as fines that could reach up to $25,000.

Criminal Defense Attorney

Depending on the circumstances, assault or battery charges could have serious consequences for those accused of them. The attorneys at The Law Offices of Christopher M. Cosley have successfully defended a number of clients charged with assault and battery. Contact us today for a consultation in our Rolling Meadows office. We can listen to the facts of your specific case, advise you of your options, and protect your rights.

Assault and Battery in Illinois

August 11th, 2013 at 9:56 am

Assault and battery is most often heard as a single term and not thought of as two separate criminal offenses, which is what they are. A judge can charge a person with one or the other, although they are typically paired together.

Assault is defined in Illinois law as, “conduct which places another in reasonable apprehension of receiving battery.”

Battery can be either “conduct causing bodily harm to another person or insulting, provocation or unwanted physical contact with another person.”

The main difference is that assault does not include physical contact or injury to the victim.

Once it is found that someone is guilty of battery, the court must then determine the degree, such as whether or not the crime was aggravated battery, which is more serious. Aggravated assault may be charged if the victim has a serious injury or if the defendant used a deadly weapon.

LucyIf someone is charged with assault and/or battery, he or she will typically argue one of the following:

  • Self-defense or defense of someone else
  • Defense of property
  • Consent of victim to contact (battery)
  • Lack of reasonable apprehension (assault)

As a Class C misdemeanor, assault usually results in jail time of up to 30 days and/or a fine of up to $1,500 or the defendant may have to perform 30 to 120 community service hours. Aggravated assault, though, is a Class A misdemeanor or a Class 4 felony, depending on the prosecutor.

Class A misdemeanor charges result in up to a year in jail and/or up to a $2,500 fine. Class 4 felonies, however, are punished much more severely with up to three years in jail and/or a fine of up to $25,000.

Battery is charged as a Class A misdemeanor, however, aggravated battery can be charged as a Class 3, Class 2, Class 1 or Class X felony. Class 3 is charged with two to five years in prison, but Class 2, 1 and X are charged with up to 30 years in prison.

Most often, courts decide to sentence defendants with probation instead of jail time, unless they are charged with a Class X felony, which is not eligible for probation.

Even for the same crime, there are many outcomes that can come from a court room, which is why it is important to have a great criminal attorney at your side. Contact attorney Chris Cosley in Rolling Meadows, Ill. for assistance with your assault and battery charges today.

Chuck E. Cheese Employee Accused of Stabbing Customer

October 20th, 2012 at 3:40 pm

An argument about a salad plate escalated into an alleged stabbing and an arrest. The Chicago Tribune is reporting that last month, 19 year old Chuck E. Cheese employee Shardonnae Pruitt was charged with simple assault and battery after stabbing a patron with a box cutter.

The incident occurred at the restaurant/arcade chain, Chuck E. Cheese’s Kedzie Ave.location. According to the report, a 40 year old male customer became very irate when Pruitt took his salad plate away from him. The man threw his eating utensils on the floor and demanded to see the manager. He told the manager he wanted to file a formal complaint. When the manager stepped away, eyewitnesses told police that Pruitt threatened the man and then pulled a box cutter and used it to stab the 25 year old woman that was with the man. The woman was treated at and released from a local hospital.

Pruitt was held by security until police arrived and arrested her. She has been charged with simple assault and battery. There has been no statement released by Chuck E. Cheese corporate about the incident. The Huffington Post is reporting that another crime took place at the chain’s Pittsburgh location. In that incident, a child’s birthday party was interrupted by violence when a woman was upset that her ex had invited his new girlfriend to the party. The woman then attacked multiple other women with a brick and a knife.

Minor disputes can escalate into serious charges. If you find yourself in a situation where you need to defend yourself against criminal charges, make sure you hire a qualified criminal defense lawyer represent you. Contact an experienced Rolling Meadows attorney today.

Visit to Jail Lands Man in a Cell of His Own

June 20th, 2012 at 2:24 pm

Julius Price, 23, managed to evade police for two weeks. The Chicago man had been identified as the prime suspect in the stabbing of four Guardian Angels on a North Side “L” platform. Ironically, Price was arrested after attempting to visit his co-defendant, Keith Gunn, 34, at the Cook County Jail. When arrested, Price was carrying a Bible and a length of rope.

Prosecutors told the Chicago Tribune that Gunn had pistol-whipped a 27 year old passenger on the train in an attempt to steal the man’s cell phone. When he fled with the phone, four Angels caught him and brought him down to the ground. Price allegedly approached the group with a knife.

According to the report, Price stabbed one of the Angles in the lower abdomen and another in the upper arm, which took eleven stitches to close. He cut another on the right arm, sending that man to the hospital for seventeen stitches. Another Angel was stabbed on top of the head and was also bitten on the arm. Both Price and Gunn ran away but the attack was caught on security cameras.

Prosecutors say Price has a long criminal history. He was convicted of misdemeanor battery in 2005 and residential burglary in 2006. He was sentenced to eight years in prison for the burglary conviction. Price is now being charged with four counts of aggravated battery with a deadly weapon and his bail has been set at $750,000.

The amount of Price’s bail indicates just how serious the charges against him are. Conviction could result in a very long prison sentence. If you have been arrested and charged with battery, it’s important to hire an experienced Rolling Meadows criminal defense attorney who can defend you and protect your rights.

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