Are you charged with BATTERY or AGGRAVATED BATTERY in Lake County, Illinois criminal court? If so, a HoffmanLaw Office Lake County criminal defense attorney is here for you. Our office has nearly 20 years' experience with Lake County battery and aggravated battery cases. We know what it takes to mount a successful legal defense to your charges.
The HoffmanLaw Office is lead by a former Criminal Division Lake County Assistant State's Attorney. With many years of Lake County misdemeanor and felony courtroom experience, the HoffmanLaw Office knows the Lake County criminal justice system. It is our mission to defend you against your battery or aggravated battery charges and to seek the best possible outcome of your case.
We invite you to explore the different types of Lake County battery and aggravated battery charges we defend. From a very general perspective, the crime of battery is a misdemeanor offense punishable by time in jail. The crime of aggravated battery is a felony offense punishable by time in prison. The HoffmanLaw Office has the proven skill, experience and dedication necessary to defend you in any type of Lake County battery or aggravated battery case.
The HoffmanLaw Office is here to defend you against misdemeanor battery charges in the Lake County, Illinois criminal court system. Lake County misdemeanor battery cases are assigned to the main Lake County criminal courthouse in downtown Waukegan.
Because a battery charge alleges you committed some level of unlawful harm to another person, the HoffmanLaw Office takes the defense of your misdemeanor battery case very seriously. We understand the potential negative consequences of a battery conviction. A conviction would give you a criminal record, force you to pay fines, or could even lead to jail time. Your HoffmanLaw criminal defense lawyer will fight to defend your rights in Lake County criminal court.
What are the penalties for battery?
Your class A misdemeanor battery charge is punishable by up to a $2,500 fine and up to 364 days in jail.
How is the offense of battery defined?
You can be charged with the misdemeanor offense of battery if allegedly you knowingly without legal justification by any means caused bodily harm to an individual or made physical contact of an insulting or provoking nature with an individual. See, 720 ILCS 5/12-3.
Can my Lake County battery case be charged under a local ordinance?
If you're facing a local ordinance battery charge, it also can allege you caused bodily harm or made physical contact of an insulting or provoking nature. Yet, unlike a misdemeanor allegation, an ordinance violation does not carry a possible jail sentence. Your local ordinance battery charge usually will be assigned to one of the Lake County branch courthouses located in Round Lake Beach, Park City, or Mundelein.
How will the prosecution try to prove my battery case?
If you're charged with battery alleging you inflicted bodily harm, the prosecution most likely will attempt to prove you inflicted an actual physical injury on another person. Oftentimes, the prosecution will attempt to prove the injury occurred by admitting photographs of the alleged injury into evidence at trial.
If, alternatively, your battery charges claim you made physical contact of an insulting or provoking nature, the prosecution will not be required to prove that a physical injury occurred in order to prove those specific allegations. In such a case, the testimony of the alleged victim regarding how the alleged contact purportedly felt will be used by the prosecution to attempt to prove your charges.
Any witness who testifies at trial in the prosecution's case-in-chief is subject to cross-examination by the defense. A skilled criminal defense attorney can conduct cross-examinations that fundamentally alter the outcome of your case.
The HoffmanLaw Office knows how to conduct powerful and destructive cross-examinations of prosecution witnesses and has done so for many years. Additionally, the HoffmanLaw Office has significant experience with both bodily-harm and insulting or provoking contact battery charges in the Lake County, Illinois criminal courts.
Whether you're facing a jailable misdemeanor or non-jailable ordinance-level battery charge, the HoffmanLaw Office is ready and available to discuss your unique circumstances. We're also prepared to devise and implement effective strategies in dealing with the accusations against you in an effort to minimize the negative impact of your case.
If you're facing a Lake County aggravated battery charge, the potential penalties are more severe than those for simple battery.
How does aggravated battery differ from battery?
Unlike battery, which usually is charged as a misdemeanor offense with a possible sentence to the county jail, the charge of aggravated battery is a felony offense with a possible sentence to the Illinois Department of Corrections. For many reasons, an aggravated battery charge is serious.
Can the HoffmanLaw Office help me with my aggravated battery case?
The HoffmanLaw Office has many years of experience with serious criminal charges in Lake County felony court, and with aggravated battery cases in particular. Not only are we experienced in negotiating and plea bargaining in aggravated battery cases, but we also have significant trial experience with aggravated battery charges.
Compared to law firms lacking this experience, we believe this makes a difference in the quality of the defense we'll bring to your Lake County aggravated battery case.
The felony offense of aggravated battery involves the commission of the offense of battery when other factors are present. The Illinois aggravated battery law can be divided into seven major categories. These include acts of aggravated battery based on:
- the type and severity of the injury caused;
- the location where the aggravated battery occurred;
- the status of the victim;
- the use of a firearm;
- the use of a weapon or other device;
- an injury caused to a child or person with an intellectual disability; and
- certain other types of conduct. See, 720 ILCS 5/12-3.05.
The HoffmanLaw Office defends all types of Lake County, Illinois aggravated battery charges.
Based on Type of Injury
A common type of aggravated battery charge is based on the alleged infliction of permanent disability or disfigurement. While a misdemeanor charge of battery is based on causing any degree of "bodily harm," if the level of bodily harm inflicted is "great," then the felony of aggravated battery usually will be charged.
What constitutes "great bodily harm" is not precisely defined by Illinois law and ultimately is a question to be resolved by a judge or jury at trial. See, People v. Cochran, 178 Ill.App.3d 728, 533 N.E.2d 558 (3rd. Dist., 1989). However, the courts have remarked that "'great bodily harm' is more serious or grave than lacerations, bruises, or abrasions that characterize 'bodily harm.'" See, People v. Costello, 95 Ill.App.3d 680, 420 N.E.2d 592 (1st. Dist., 1981).
Based on Location of Conduct
Another type of aggravated battery charge is based on the location where the alleged battery occurred. In contrast to an aggravated battery charge based on the infliction of "great bodily harm" or "permanent disability or disfigurement," there is no requirement that this type of aggravated battery charge alleges a severe injury. A person may be charged with this location-based aggravated battery offense if it is alleged that the person committed a simple misdemeanor type of battery, but in a protected place.
Based on Status of Victim
The charge of aggravated battery also can be based on the status of the alleged victim. Victim status based aggravated battery charges seek to punish more severely simple batteries of protected classes of people, based on their ages, physical characteristics, or occupations. The charge of aggravated battery to a police officer probably is the most commonly alleged aggravated battery offense that is based on the status of the alleged victim. If you are charged with aggravated battery to a police officer, the HoffmanLaw Office has significant experience with this type of case.
Based on Discharge of Firearm
An aggravated battery charge also can be based on the alleged use of a firearm. A person who discharges a firearm and causes an injury to another person commits the offense of aggravated battery. Aggravated battery with a firearm carries the most severe potential penalties of all aggravated battery charges. The HoffmanLaw Office has jury trial experience with aggravated battery with a firearm charges.
It's important the attorney you select to defend you against aggravated battery charges has actual trial experience with this type of charge. This is because if your case is not resolved by negotiation it will proceed to trial.
At trial, your lawyer will be your last line of defense against a guilty verdict. Your attorney's performance at trial will be crucial to the outcome of your case.
Why choose a HoffmanLaw criminal defense lawyer?
In retaining the HoffmanLaw Office to defend your Lake County aggravated battery case, you'll be aligning yourself with an attorney who has powerful Lake County aggravated battery bench and jury trial experience. This makes a difference.
Your felony charge of aggravated battery can have a serious impact on your future and your freedom. Judges presiding over aggravated battery charges have the power to sentence you to a lengthy term of felony probation or to take away your freedom and sentence you to years in prison.
In an aggravated battery case, Lake County felony prosecutors have the ability and discretion to seek serious penalties against you.
As a result, it's important the lawyer you choose to defend your aggravated battery case has the knowledge and experience necessary to identify the important issues, powerfully question the prosecution's evidence, and stand strong in your defense. The HoffmanLaw Office offers you all of these abilities. We have a proven record of commitment to our clients and achieving exemplary results.