Rock Island Battery Defense Attorney

In Illinois, there are multiple battery crimes. The least serious of them is a class A misdemeanor which may result in a jail sentence of up to 12 months and a fine of up to $2,500. Some other battery crimes are serious felonies that can mean years in prison. 

If you have been charged with battery in Illinois, it’s in your best interest to talk to an experienced battery defense attorney right away. 

What is Battery?

There are two ways to commit battery in Illinois, and one of them may surprise you. The first, and the one that fits most people’s understanding of battery, is to “knowingly and without legal justification cause bodily harm to an individual.” What many don’t know is that a person may also be guilty of battery if they knowingly and without legal justification “make physical contact of an insulting or provoking nature” with an individual. Not understanding this provision leads some people to be overconfident when facing battery charges. 

What does “an insulting or provoking nature” mean for purposes of battery charges? The statute doesn’t define it. Instead, the standard is that it is contact a reasonable person would have found insulting or provocative. We know from case law that the physical contact doesn’t have to be the accused person directly touching the alleged victim. For example, a person may commit battery in Illinois by throwing something at another person, or by spitting on them. 

Other Illinois Battery Crimes

Aggravated Battery

Battery is charged as aggravated battery in a wide range of circumstances, including when the battery: 

• Results in great bodily harm or permanent disability or disfigurement 
• Involves strangulation
• Commits a battery in certain locations, including but not limited to public property, a domestic violence shelter, a sports venue, or a place of worship
• Is committed against certain people including but not limited to those who are age 60 or older, disabled, pregnant, a school employee on school grounds a peace officer or other public officer in performance of their duties, emergency personnel in the performance of their duties.

Aggravated battery is generally a class 3 felony, meaning a possible prison sentence of 2-5 years. However, many factors, including some of those listed above, elevate the seriousness of the charge. For example, battery resulting in great bodily harm or permanent disability to a person aged 60 or older is a class 2 felony. So is battery against a police officer, fireman, or other listed public official in the performance of, to prevent them from performing, or in retaliation for performing official duties. That means a possible prison sentence of 3-7 years. 

Aggravated battery may also be a class 1 felony. Some examples include when the batter was intentional and involved the infliction of torture, or when a dangerous instrument was used in the offense. A class 1 felony is punishable by 6-30 years in prison. 

In other circumstances, aggravated battery may be a class X felony, which can mean a prison sentence of 6-45 years, 12-45 years, 15-60 years, or 20-60 years. Depending on the nature of the battery, the victim, and the damage done, use of a firearm during the commission of the offense may add 15-25 years to the prison sentence, or even result in a natural life sentence. 

Domestic Battery

The elements of domestic battery are the same as battery, except that the victim must be a family or household member. A first offense domestic battery conviction is a class A misdemeanor, just like battery. However, if the defendant has a prior conviction for domestic battery or any of a long list of related charges, the charge will be a class 4 felony. Multiple prior offenses elevate the crime to a class 3 felony and trigger mandatory jail time. Mandatory jail time also applies when a felony domestic battery occurs in the presence of a child. 

Aggravated domestic battery is always a felony, requiring a mandatory term of imprisonment and carrying a potential sentence of 3-7 years, or an extended term of imprisonment totaling 7-14 years. 

What is the Difference Between Assault and Battery? 

You’ve probably heard the terms “assault” and “battery”  used together, or perhaps even interchangeably. In Illinois, they are two separate crimes. Unlike battery, assault does not require physical contact. Instead, a person commits assault when they knowingly engage in conduct that puts another person in reasonable fear of becoming a victim of battery. Assault is a class C misdemeanor–the lowest criminal classification in Illinois. 

However, aggravated assault may be a class A misdemeanor, a class 4 felony, or a class 3 felony, depending on the specifics of the assault. The factors that make assault a more serious crime with more serious penalties are similar to the factors described above for aggravated battery.

Charged With Battery or Assault? Attorney Clark A. Miljush Can Help

As an experienced Rock Island criminal defense attorney who also has some experience on the other side of the courtroom, I have extensive knowledge of Illinois assault and battery law and the local criminal court procedures. I also know how risky it can be for someone to try to handle a criminal case on their own or to wait too long to get help. That’s why I offer free consultations to people charged with crimes in and around Rock Island. 

You can schedule yours right now by calling 309-752-8500 or filling out our contact form.