Aurora Battery Charges
Charged With Battery? Contact Our Aurora Criminal Defense Lawyers Right Away
Arrests for violent crimes happen every day in Illinois, especially for assault and battery. Consider the following crime statistics for aggravated assault and aggravated battery for one year in Illinois:
- Statewide = 26,755 offenses
- DuPage County = 375 offenses
- Kane County = 607 offenses
- Cook County = 14,714 offenses
- Will County = 677 offenses
In Aurora, 399 related offenses took place in a recent year.
Battery is one of the most difficult charges a defendant can face, on account of the fact that it involves causing direct harm to or offensive contact with another person. Sadly, many people face false accusations and wrongful charges of battery and must fight to uphold their legal rights. After an arrest for battery in Aurora, Illinois, Martin & Kent, L.L.C., is ready to defend against your criminal charges. Our team of criminal defense attorneys has represented thousands of clients and spent on both sides of the criminal courtroom in a variety of felony and misdemeanor cases. Don’t hesitate to discuss your case with a qualified lawyer by contacting our firm today for a free consultation.
What Is Battery?
According to state law, battery is intentional physical contact of a harmful, offensive, or provocative nature. Because intent is a key element of proving battery charges, some justified types of physical contact, namely, those committed in self-defense, should not result in battery charges, though they often do. All battery charges are serious, and the different types of battery include:
- Aggravated battery
- Domestic battery
- Battery with a deadly weapon
- Sexual battery
As it stands, most types of battery are felony offenses. A conviction for such charges will generally lead to years in prison, and you cannot remove a conviction from your permanent record. Even a misdemeanor battery conviction will go on your permanent record and can affect your life in many ways. When facing battery charges, you cannot afford to delay in choosing an attorney who will defend you at all stages of the criminal process.
Standing up to Claims of Domestic Battery
A common focus of battery claims, criminal domestic violence involves physical harm committed against family members or others in close relationships to the offender. Except in the case of aggravated charges, most domestic battery charges are Class A misdemeanors. Domestic battery cases are unique in that the prosecuting party is often close to the defendant. Many people intentionally or accidentally form false accusations of domestic violence on account of emotional tension or personal vendettas.
Martin & Kent, L.L.C., has a 96 percent dismissal rate in domestic violence cases.
If you are facing a false accusation of domestic violence, a seasoned battery attorney from our firm can work to demonstrate that you did not engage in illegal physical contact with the victim. We will do everything we can to prevent a wrongful conviction and penalties in your domestic violence case.
As a violent crime, battery is different from other criminal offenses in that the charges depend on a wide variety of factors, each of which could lead to enhanced sentencing. The prosecutor will weigh various factors prior to issuing a battery charge, including the identity of the victim involved, the degree of injury inflicted, the use of weapons, and other factors. Though aggravated battery tends to be a Class 3 felony charge, some circumstances may require that the offense be Class X felony. Any of the following could lead to an enhanced battery charge:
- Use of a deadly weapon
- Severe injury caused to an unborn child
- The victim was an officer or other protected person
- The crime was committed against a young or handicapped person
- The victim suffered severe or permanent injury
- The crime involves strangulation
A prosecutor will certainly use any of the above factors in an attempt to enhance the charges and possible sentence you face. When you are up against an aggressive prosecutor, it is important that you retain a defense attorney who has a strong knowledge of your rights in the criminal process. As former prosecutors with more than four decades of combined experience, our firm has an intimate understanding of battery charges and criminal law in general, and we can provide the defense you need.
Battery With a Deadly Weapon
When a person commits the crime of battery using a deadly weapon, he or she can be subject to serious penalties, including time in jail. A deadly weapon refers to any object you could use in some manner that results in death. Deadly weapons include items like knives, firearms, or metal pipes, for example.
An Illinois battery that involves a deadly weapon, including a battery that is committed using a firearm, is a type of aggravated battery. If the battery involves a firearm, it is a Class X felony. If the battery involves some type of deadly weapon aside from a firearm, the accused can face Class 3 felony charges.
A person who is found guilty and convicted of battery with a deadly weapon can be subject to a variety of harsh penalties. Generally speaking, these penalties go up based upon how serious the crime is. The potential penalties upon conviction of a Class 3 felony include the following:
- Between two and five years in jail (or between five and ten years in jail if the court determines that aggravating factors existed)
- A required minimum of ten days in jail—or a total of 300 community service hours—in cases where the accused committed the aggravated assault or battery against a household member or family member. The same is true if the accused committed the aggravated assault or battery in front of a minor child
- A maximum monetary fine of $25,000
- Court-ordered restitution paid to the alleged victim of the battery
- Court-ordered probation of 30-plus months
The potential penalties upon conviction of a Class X felony include the following:
- Between six and 30 years of incarceration—and between 30 and 60 years, in the event the court determines that aggravating factors existed
- Court-ordered restitution paid to the alleged victim of the battery
- A maximum monetary fine of $25,000
In the case of Class X felony convictions, the accused is not eligible for any period of court-ordered probation.
If the Class X felony battery conviction specifically involves a firearm, like a machine gun (or a gun equipped with a silencer), and the alleged victim receives injuries, the potential penalties increase drastically. For example, upon conviction, the accused can receive anywhere from six to 60 years in jail.
The accused may also receive a harsher penalty if the alleged battery victim is a corrections employee or officer, peace officer, teacher, firefighter, or employee of a school—and if the accused had knowledge of the alleged victim’s status beforehand. In some instances, a judge may impose these enhanced penalties if, at the time of the incident, the alleged victim was performing his or her duties—or if the accused committed the battery out of retaliation or to prevent the alleged victim from completing certain job duties.
Finally, in the event the alleged battery victim was suffering from a severe mental disability, or if the alleged victim was a minor child, a judge could also increase the Class X conviction sentence. If the accused used a firearm against one of these classes of victims, the sentence could increase by 15 years. If the accused actually discharged the firearm, or if the accused discharged the firearm and the alleged victim sustained serious bodily injuries, then the sentence upon conviction could go up by a respective 20 or 25 years.
Given the potential penalties upon conviction for battery with a deadly weapon, you need experienced defense counsel by your side to help you fight your charge. At Martin & Kent, L.L.C., our experienced legal team has the knowledge, skills, and experience to develop a good legal defense on your behalf and argue that defense in court.
Being arrested for and convicted of sexual crimes in Illinois—including crimes involving sexual battery or assault—can subject you to criminal penalties as well as other collateral consequences. Criminal sexual battery typically refers to some form of unwanted sexual contact. It occurs when the accused touches the alleged victim’s genitalia or another intimate body part, for purposes of sexual gratification, arousal, or abuse. Criminal sexual assault is another term for rape and occurs when one individual sexually penetrates another while using some degree of physical force or threat of force.
The crime also occurs when the aggressor commits the act of sexual penetration while knowing that the alleged victim lacks legal capacity to consent to the sexual act. The alleged victim lacks legal capacity when he or she is a family member under 18 years of age at the time of the act. The same is true in cases where the accused is 17 years of age or older and maintains some degree of authority over the alleged victim (who must be between the ages of 13 and 18 at the time).
The penalties upon conviction can be severe. A first-time conviction is a Class 1 felony and can result in between four and 15 years in jail. A second-time conviction is a Class X felony, and the accused can receive between 30 and 60 years in jail.
In addition to the potential legal penalties upon conviction, the accused can also experience a variety of collateral consequences. Some of those consequences include the following:
- Mandatory sex offender registration – Where the offender must register with the Illinois Sex Offender Registry, allowing members of the general public to view the offender’s status online at all times
- Travel restrictions – Where the offender’s ability to travel both domestically and internationally can be restricted—and where the accused must register with the local police department of the location where he or she will be staying
- Employment restrictions – Where the accused may be prohibited from working near children—or from being present on school property or in a school building, absent special permission
Given the serious consequences associated with a sexual battery or assault conviction, you need skilled legal counsel on your side who will fight for your rights in court. The knowledgeable criminal defense lawyers at Martin & Kent, L.L.C. may be able to allege alibi, mistaken identity, or some other legal defense on your behalf.
Discuss Your Charges With Our Aurora Battery Defense Attorneys
If you face charges of battery or aggravated battery in Aurora—or anywhere in DuPage, Kane, or Cook County—contact a skilled defense lawyer from Martin & Kent, L.L.C., today. With experience handling thousands of cases, we know how to handle your case from your arrest to the final verdict. We are proud to advocate on behalf of those who face criminal charges, so please call our firm today at (630) 474-8000 to learn how we can help in your case.