According to the Illinois Compiled Statutes, the crime of battery occurs if an individual insults or provokes contact, or caused bodily harm to another individual. This basically means that even if the alleged offender never actually touched the alleged victim, if any means of contact was performed in any manner, then it could be considered battery.
What Exactly is Battery?
The most common form of battery is during a fight wherein shoving, pushing, pulling, kicking, punching, biting, or hair pulling among others, is involved. However, even throwing some mud on another individual could be counted as battery. A battery charge usually follows a physical fight or altercation between two or more individuals, and anyone could be charged regardless of gender.
In the event that two individuals were fighting, it is up to the police who to arrest and charge with battery. This is true even in cases where one of the individuals involved in the fight didn’t even initiate the physical altercation, adds a criminal defense attorney in Jacksonville, IL. In this case, it’s basically up to the alleged offender to present viable evidence in order to prove his or her innocence during trial since the prosecution has legal power and complete discretion to select which individuals gets prosecuted, regardless if he or she is innocent or not.
What Happens if You’re Convicted of Battery?
In Illinois, a battery conviction is considered a Class A Misdemeanor. However, if severe bodily injuries are involved, the battery could be considered a felony instead. The potential penalties for a misdemeanor battery include up to a year in prison and a costly fine not exceeding $2,500. Take note that a judge could consider probation instead of imprisonment depending on the specific circumstances of the offense. Probation could include counseling and community service.
If you’ve been charged with battery in the state of Illinois, keep in mind that you’re innocent unless you’ve been proven guilty and that you could fight the charges. Possible defenses typically include self-defense and mistaken identity. In addition, it could be that the prosecution couldn’t really prove that you’re guilty. It’s best to consult a lawyer to explore your options.