Illinois Battery

The Law – 720 ILCS 5/12-3

A person commits battery when the person, knowingly or 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.

The key here in so many cases is “knowingly and without legal justification”. In the majority of cases we have handled throughout the years, the battery charge stems from a fight or altercation with another person or persons. The defense of “self-defense” defeats the charge of battery because the person, acting in self-defense, is legally justified in committing the battery in order to defend himself. But note also that it is not an element of the charge of battery that the person is actually injured. A battery can be committed without the other person being injured, as, for example, if one person were to push another person down. Technically, that conduct could amount to a battery as being conduct of and insulting or provoking nature. As is the case with all crimes, the burden is on the State to prove each element of the offense beyond a reasonable doubt.

The Sentence

CLASS A MISDEMEANOR – 364 DAYS MAX

Probation Possible? – Yes.

Supervision Possible? – Yes.

Time To Be Served – Must serve 50% of the sentence imposed

Success Story: We have represented countless people over the years who have been charged with battery. Most times, the cases go to trial because of conflicting testimony of the complainant, and witnesses, and our own client. We have tried hundreds of cases over the years. Having experienced trial lawyers is vital, not only for the trial itself, but for the fact that the reputation of our law firm is that we will not hesitate to take a case to trial if it is in the best interests of our client. Our first goal is NOT a plea agreement – it is dismissal --- not guilty. We are skilled trial lawyers who know the art of trying cases before a judge or jury, and the art of cross-examination to elicit testimony favorable to our client’s case.

When you need a criminal defense attorney, you should hire a lawyer who is experienced, aggressive, and will do the work it takes to get the best result for you. We leave no stone unturned in our effort to do the best job we can for a client, and get the best result possible. We are experienced, aggressive, knowledgeable, and detail-oriented criminal defense attorneys We represent clients in Orland Park, Tinley Park, Joliet, Lockport, Homer Glen, New Lenox, Oak Forest, Plainfield, Romeoville, and all other cities in the southwest suburbs of Chicago.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005