Answers to Frequently Asked Questions About Misdemeanor Battery
Battery Lawyer Serving Cook, DuPage, DeKalb, Grundy, Kane, Kankakee, Kendall, LaSalle, Ogle, and Will Counties
Regardless of it being a bar fight, a school fight, or a street fight, the judge will call it a battery in court. If this is your first time coming to a criminal courtroom, then don’t worry. You do not need to face this alone. Battery Lawyer Clyde Guilamo is a former prosecutor with over 11 years of criminal law experience, and he can help you through this process. If you have any questions that are not answered by this guide, please give us a call.
Comprehensive Guide to Illinois Battery – 720 ILCS 5/12-3
In Illinois, this charge is sometimes called “simple” or “misdemeanor” battery to differentiate it from domestics or its felony counterpart. But the criminal court process can be anything but simple. There’s all this legal terminology and procedure that is absolutely foreign if this is your first time. So, here is a comprehensive guide about violations of the Illinois’ Battery Statute (720 ILCS 5/12-3):
Battery
What Is Battery?
Simply put, it is criminal physical contact with another person. You can find the law at 720 ILCS 5/12-3. Specifically, a person commits this crime “if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.”
What is the definition of “without legal justification?”
Not all physical contact is criminal. You can have very good reasons for “putting your hands” on another person. Here are a few quick examples:
- Corporal Punishment – parents can physically discipline their kids in the State of Illinois;
- Self-Defense – you can use physical contact to prevent someone from harming you (720 ILCS 5/7-1);
- Defense of Property – you can use physical force to prevent someone from robbing you (720 ILCS 5/7-3); and
- Defense of Others – you can use physical contact to prevent harm to someone else (720 ILCS 5/7-1).
Is Battery a Misdemeanor or a Felony?
Battery is a class A misdemeanor. 720 ILCS 5/12-3(b). Misdemeanors are crimes that are punishable by less than 1 year of imprisonment.
Can I go to jail? What is the Sentencing Range for Battery in Illinois?
Generally, Battery is a class A misdemeanor punishable by up to 364 days in the county jail. 720 ILCS 5/12-3(b).
Do I need a lawyer if I am charged with Battery?
Yes because you should be represented by an attorney on any offense that can result in the loss of your freedom. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 US 335 (1963) provides state appointed lawyers (public defenders) for indigent people.
Can you get a sentence of probation on a Battery?
If you are charged with Battery, then you are eligible for a sentence of probation of up to 24 months on the class A misdemeanor (730 ILCS 5/5-4.5-55(d)). Not only are you eligible for probation, but Illinois law suggests it: “the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice.” 730 ILCS 5/5-6-1(a).
Am I eligible for court supervision on a misdemeanor battery case?
Yes. If the State charged you with simple Battery, then you are eligible for supervision. 730 ILCS 5/5-6-1(c).
Is there a Mandatory Supervised Release or Parole Period for a Battery?
No because misdemeanor cases do not include a mandatory supervised release or parole period. 730 ILCS 5/5-8-1(d)(6).
Can I possess a gun If I am convicted of Battery?
Generally, yes. A conviction for battery, however, will prevent you from owning a gun for 5 years if a firearm was used or possessed in the commission of the offense. 430 ILCS 65/4.
Does Extended Term Sentencing apply?
No because extended term sentencing only applies to felonies not misdemeanors.
What percentage of your sentence will you serve on a Battery?
Battery is a 100% sentence if the physical contact resulted in bodily harm and a 50% sentence if the contact was insulting or provoking. Illinois’ “Truth-in-Sentencing” law only provides good time credit on batteries that did not result in injury. 730 ILCS 130/3 states that “good behavior of any person … sentence of confinement in a county jail … shall entitle such person to a good behavior allowance, except that a person who inflicted physical harm upon another person in committing the offense for which he is confined shall receive no good behavior allowance.”
What other things should I know? Or what should my battery lawyer tell me?
If you are facing a misdemeanor battery charge, then you should know that the State could upgrade the charge to the felony crime of Aggravated Battery. Here is a list of some of the ways that this misdemeanor can be upgraded to a felony:
- You caused great bodily harm or permanent disfigurement;
- You strangled the victim;
- You caused bodily harm to a child under the age of 13;
- You hit someone in a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship;
- the victim is:
- 60 years of age or older;
- pregnant;
- a teacher or school employee (i.e., principal, social worker, lunchlady);
- a police officer, correctional officer, fireman, private security guard, or DHS employee;
- a judge, paramedic, or utility worker (i.e., Comcast worker, ComEd worker);
- a teacher, state employee (i.e., DCFS employee, DHS worker);
- a transit employee or passenger (i.e., bus driver/ train conductor);
- a taxi driver;
- a retail merchant (i.e., loss prevention at Walmart, Target, Kohl’s);
- a process server; or
- a nurse;
- You use a weapon (i.e., knife, gun, rock); or
- You deliver drugs that cause great bodily harm.
If any of these situations apply in your case, then you should have a very serious conversation with your lawyer early on regarding pleading guilty to prevent a felony upgrade.
Can I expunge a Battery charge?
Yes because you can expunge most misdemeanors if you successfully completed a term of supervision. 20 ILCS 2630/5.2(b)(1). However, you cannot expungement a battery if the outcome of the case was a conviction. Anyone of these outcomes would prevent you from getting an expungement:
- Probation;
- Conditional Discharge;
- A jail sentence with a conviction; and/or
- Non-reporting probation.
If you are looking for more info, then check out my Illinois Expungement guide. If you are not eligible for an expungement, then you should look into sealing your criminal history.
How to keep a Battery conviction off your record?
There are several ways to keep a conviction for this offense off your criminal record. Here are some of the ways:
Ways a battery lawyer wins a case at trial?
Challenge the victim’s credibility. Firstly, was the victim under the influence of alcohol or drugs at the time of the incident? Secondly, was the victim biased against you because of a prior incident? Thirdly, did the victim unreasonably delay reporting the crime? Fourthly, were there no witnesses, no video, no injury, and no independent evidence outside of the victim’s allegation? Fifthly, were you calling the police on the victim when the victim made the allegation against you? A victim’s motives for pursuing a criminal case are relevant to explain why they are lying against you. Therefore, your best defense may be to challenge the strength of the victim’s credibility if one or all of those biases apply.
How to win the case at motion?
Generally, pre-trial motions are not filed on battery cases because the evidence that comes in on these cases cannot be excluded. Specifically, those items of evidence are 1) the victim’s testimony; and 2) photos of the victim’s injuries. Sometimes, however, police obtain a statement from the defendant when he or she has already been taken into custody without first reading that person their Miranda rights. If that is the case, a motion to suppress could be filed seeking to exclude from trial the statements that the defendant made.
Can the Substance Use Disorder Act keep a conviction off of your Record (Previously TASC Probation – 20 ILCS 301/40-10)?
Under the Substance Use Disorder Act, the judge can sentence you to treatment as a condition of probation for misdemeanor battery cases. Although a conviction initially enters against you, the good news is that “upon successful fulfillment of the terms and conditions of probation the court shall discharge the person from probation. If the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this Section, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her.” 20 ILCS 301/40-10(e).
How Can Diversion or Deferred Prosecution Programs keep a conviction off of your record?
Many counties have diversion or deferred prosecution programs which are alternatives to the criminal justice system. Specifically, you and the prosecutor enter into an agreement that if you comply with the terms of the program (which usually include treatment, classes, and/or community service) the prosecutor will dismiss the case. If the prosecutor is offering a diversion program, then accepting and complying with the program is almost always the best possible result. In this case, community service is often used as an alternative to criminal prosecution.
Can a Plea Agreement (Reduction on the Charge) keep a conviction off of your record?
Although rare, prosecutors sometimes move cases by giving defendants “a bargain.” For example, a reduction from a Battery to supervision on a Disorderly Conduct is a very good disposition.
Other Battery Guides
If you are looking for information about:
- Aggravated Domestic Battery cases, then check out our guide to Aggravated Domestic Battery cases in Illinois.
- Domestic Battery cases, then check out our guide to Domestic Battery cases in Illinois.
- Violations of an Order of Protection, then check out our guide to Violations of an Order of Protection cases in Illinois.
- Interfering with the Reporting of Domestic Violence, then check out our guide to Interfering with the Reporting of Domestic Violence cases in Illinois.
Hire Illinois Battery Lawyer Clyde Guilamo
Lastly, I hope this guide of free legal education was helpful. #notlegaladvice. If you found this article helpful, then consider giving us a review on Google! And if you have specific questions about your case, give me a call.
