Bloomington Battery Lawyer
Have you been charged with battery? Battery is a crime of violence, and as such, it is generally regarded as a serious offense in Illinois. Under 720 ILCS 5/12-3, a person commits battery if he (or she) intentionally or knowingly without legal justification and by any means causes bodily harm to an individual or makes physical contact of an insulting or provoking nature with an individual.
The most common form of battery occurs during a physical altercation when one individual punches or kicks another. But the law also clearly states that there is a battery even when there is insulting or provoking contact by any means. Because of this, a battery can occur even if the accused never personally touched the other person.
Understanding Battery in Bloomington
If you have been in an argument, fight, or violent altercation, and were caught and arrested by police, you may be charged with battery. Depending on the circumstances of your case, your battery charge could be a misdemeanor or a felony. It is not uncommon for a judge to sentence those found guilty of battery to jail in addition to ordering fines and other penalties. It may be possible to avoid outcomes like these by retaining a Bloomington battery lawyer.
At Pioletti Pioletti & Nichols, we are dedicated to helping each and every client who reaches out to our firm for help. We can review your case and offer you an aggressive defense strategy that may result in a reduction or dismissal of your charges. As a Bloomington battery lawyer, we have a proven track record that has lead our clients’ cases to a successful outcome.
We are in a position to help you potentially avoid the consequences of a battery conviction. Please call Pioletti Pioletti & Nichols to learn more.
Battery Charges in Illinois
When a prosecuting attorney can prove beyond a reasonable doubt that you knowingly, and without justification, harmed another person, you may be found guilty of battery. As a Bloomington battery lawyer might explain, a conviction could result if there is evidence that shows:
- Your strike, touch, or otherwise harm of the alleged victim was intentional
- You were not acting in any form of self defense
- You were not acting as a peace officer
- The alleged victim did not consent to the harm
- The contact caused harm or injury to the alleged victim
When determining the above, such as whether the contact made was insulting or provocative, the court may examine your relationship to the alleged victim and the factors that are included in the case. It is important to understand that there does not necessarily have to be physical contact between your body and the alleged victim. For example, you throwing an object, or spitting on the alleged victim, could result in a battery charge.
Potential Penalties and Defenses For A Battery Charge In Illinois
Illinois battery is a Class A misdemeanor offense, but in cases of serious injury or subsequent offense it can be charged as a felony. The possible sentence is imprisonment for up to one year and a fine of $2,500 for a misdemeanor battery charge. The defendant in a battery case can assert the affirmative defense of defense of self, another person, or property to fight a battery charge in court. Once raised, the prosecution has the burden of proof beyond a reasonable doubt that the affirmative defense is not true.
Battery charges usually end up as a Class A misdemeanor. In Illinois, the maximum sentence could be one year in fines. However, as a Bloomington battery lawyer may tell you, the consequences can extend beyond fines and jail time. You might also endure:
- Court costs
- Legal fees
- Restitution
- A permanent criminal record
- Deportation (if you are an immigrant)
Can a Bloomington Battery Lawyer Help
As a leading Bloomington battery lawyer, we may be able to identify various strategies that can help your case. Examples of these may include:
- Evidence was suppressed
- There is reasonable doubt
- Claiming an affirmative defense (you were justified in your actions)
In the event of there being an overwhelming amount of evidence that supports the prosecutors case, we may attempt to engage in negotiations that could result in a lenient sentence.
Should I Hire An Attorney For My Battery Charge?
Battery is serious and you will need a serious lawyer. In the event of an altercation, the police officer has the discretion of whom to arrest and charge with a battery. In certain circumstances, only one individual might be arrested and charged. In this situation, the individual charged must prove his innocence at trial, even if he or she did not start the fight. An experienced attorney can help guide you through the legal waters and prove your innocence or assert your best affirmative defense. At Pioletti Pioletti & Nichols, we understand the impact that a battery charge can have on someone’s life, and we will look to the specific facts of your situation to give you the best chance of success in defending your case.
There Are Ways to Fight Battery Charges
If you have been arrested or charged with battery you need a qualified battery lawyer to represent you. We have a lot of experience representing people charged with battery in Bloomington, IL, McLean County and in surrounding counties. We make ourselves accessible to our clients nearly 24/7 via email, phone, and even text message communication. We strive to be there for our clients and ensure that they receive the best and most professional representation possible. If you are facing a battery charge contact a Bloomington IL battery lawyer at Pioletti Pioletti & Nichols today at info@piolettilaw.com or by calling 309-467-3213.
Battery FAQs
Battery can result in some pretty major legal punishments, so it’s more important than ever to have a Bloomington, IL battery lawyer from our office on your side. Read on to get answers to some of the most common questions about battery, and get in touch with a lawyer from our office to get started with your case.
What Is Considered Battery In Legal Terms?
Battery, in legal terms, refers to the intentional and offensive or harmful touching of another person without their consent. This can range from a physical strike to any form of contact that is deemed offensive or harmful by the victim. Understanding the specifics of these incidents is crucial, and an experienced legal team can help you build your defense as soon as possible.
How Is Battery Different From Assault?
Many people confuse battery with assault, but they are distinct charges. Assault is the attempt or threat to cause harm to another, which creates a reasonable apprehension of imminent harm in the victim. Battery, on the other hand, involves actual physical contact. As your Bloomington battery lawyers, we often see cases where both charges are filed together, but they can also occur separately.
What Are The Potential Consequences Of A Battery Conviction?
The consequences of a battery conviction vary depending on the severity of the offense. It can range from fines and probation to imprisonment, especially in cases of aggravated battery. The implications can extend beyond legal penalties, affecting employment, housing, and personal relationships. This is why having a knowledgeable battery lawyer is essential to navigate these complexities and mitigate the potential impacts.
Can I Face Battery Charges For Defending Myself?
Self-defense is a common defense in battery cases, but it must be proven that the force used was reasonable and necessary under the circumstances. The key is demonstrating that you acted in response to an immediate threat of harm and that your response was proportionate to that threat. As defense attorneys, we closely analyze the specifics of each case to build a strong defense around the context of the incident.
What Should I Do If I Am Accused Of Battery?
If you are accused of battery, it’s important to seek legal counsel immediately. Do not discuss the incident with law enforcement or other parties without an attorney present. Early legal intervention can significantly affect the outcome of your case, especially in ensuring that your rights are protected and that you have a clear strategy moving forward.
Get In Touch With A Lawyer Today
Facing battery charges can be a daunting experience, but you don’t have to go through it alone. At Pioletti Pioletti & Nichols, we are committed to providing our clients with vigorous defense and personalized legal support.
If you find yourself in such a situation, reach out to us. Our team of skilled legal professionals is here to guide you through every step of the process, ensuring that your side of the story is heard and your rights are defended. Contact us today, and see how a Bloomington battery lawyer from our office can help you find your next steps.
