Battery in Illinois

In Illinois, a "battery" is the act of intentionally causing bodily harm to another person or making some other physical contact of an insulting or provoking nature with another person. Battery is an intentional tort, meaning that the victim must prove that the accused intended his conduct. If the accused didn’t intend to impermissibly touch the victim, then no battery occurred.

A battery can occur where an individual, or an item in contact with or closely connected to that individual such as clothing or an object being held, is touched in an offensive manner. Unlike an assault, the victim does not have been aware of the contact at the time it actually occurred in order for a battery to result.

For example, poking another person with an angry finger or spitting on someone can constitute a battery. On the other hand, if you are on a crowded bus and accidentally brush up against another passenger, then a battery hasn’t occurred.

A person will not be able to pursue criminal charges for battery if he consented to the contact. For example, medical patients often consent to certain treatment by a doctor. The acts of the doctor in treating the patient would constitute battery in many circumstances if consent were not acquired. However, even where consent is obtained, if the actions of the accused go beyond the consent that was given, a battery may occur.

Consent may also be implied by the nature of the relationship between the parties. For example, a hug between close friends is generally not considered a battery unless one party makes it very clear that such touching is not consented to. The same would be true if you were playing a sport like basketball. A normal foul or other contact wouldn’t be a battery.

In certain circumstances, battery can be elevated to aggravated battery, which is a felony charge. The crime becomes an aggravated battery if the offender, knowingly and without legal justification, commits a battery on a person who has a permanent physically disabling condition.

Battery in Illinois is a Class A misdemeanor, with a penalty of up to 1 year in jail, and a fine up to $2,500. Aggravated battery is a Class 3 felony. The maximum punishment for a Class 3 felony is imprisonment for 2-5 years.

If you are charged with battery in Illinois it is important that you have an experienced criminal defense lawyer to help defend you and advise you of your rights. If you have any questions about your case or would like a referral to an Illinois lawyer, please do not hesitate to contact us. The attorney we would recommend for you would be based on the county the charges are filed in and the level of experience and success the lawyer has achieved.