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720 ILCS 5/12-3

Battery

 

  • Class A misdemeanor
  • Up to 364 days in jail
  • Fine up to $2,500
  • Call for more details

 

Understanding Battery in Illinois

Battery is a criminal offense in Illinois that involves the intentional and unlawful physical contact with another person that is harmful or offensive. Unlike assault, which focuses on the threat of harm, battery requires actual physical contact. A conviction for battery can lead to legal penalties, including fines, imprisonment, and a permanent criminal record, which can affect various aspects of your life.

 

What Constitutes Battery in Illinois?

Under Illinois law, battery is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/12-3. The offense occurs when an individual knowingly and without legal justification:

  • Causes Bodily Harm: Intentionally inflicts physical injury or pain on another person.
  • Makes Physical Contact of an Insulting or Provoking Nature: Engages in physical contact that is intended to insult, provoke, or offend the other person, even if no injury occurs.

Examples of Battery Under Illinois Law

Here are specific examples of what could constitute battery under Illinois law:

  • Punching Someone During an Argument
    • Statute: 720 ILCS 5/12-3(a)
    • Description: An individual punches another person during a heated argument, causing physical injury.
  • Pushing Someone in a Provocative Manner
    • Statute: 720 ILCS 5/12-3(a)
    • Description: A person deliberately pushes someone in a way that is intended to provoke or offend, even if no injury occurs.

Penalties for Battery in Illinois

The penalties for battery in Illinois can vary depending on the circumstances of the offense. Potential penalties include:

  • Class A Misdemeanor:
    • Up to 1 year in jail
    • Fines of up to $2,500
  • Aggravated Battery (if the battery involves serious injury, the use of a weapon, or the victim is a protected individual such as a police officer):
    • Class 3 Felony: 2 to 5 years in prison
    • Class 2 Felony: 3 to 7 years in prison

In addition to these legal penalties, a conviction for battery can result in a permanent criminal record, affecting future employment, housing, and other opportunities.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of battery is a serious matter that requires an experienced defense attorney. Here’s why Andrew M. Weisberg is the defense attorney you need:

  • Extensive Knowledge of Illinois Battery Laws: Andrew M. Weisberg has a deep understanding of Illinois laws related to battery and other violent crimes. His background as a former Cook County prosecutor provides him with valuable insights into how these cases are prosecuted, allowing him to develop effective defense strategies.
  • Strategic and Personalized Defense: Mr. Weisberg carefully examines the details of your case to identify any weaknesses in the prosecution’s evidence. He tailors his defense strategy to your specific situation, aiming for the best possible outcome.
  • Aggressive Courtroom Advocacy: Known for his assertive courtroom presence, Mr. Weisberg is committed to vigorously defending your rights, whether through negotiating a favorable plea or challenging the evidence at trial.
  • Compassionate and Confidential Client Support: Facing criminal charges can be overwhelming, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that you are fully informed and supported every step of the way.

Contact Andrew M. Weisberg for a free consultation to discuss your battery case and learn how he can help protect your rights and fight for the best possible outcome.