20+ Years of Experience
Top Battery Defense Lawyers
If you or someone you love has been charged with battery, speak with Chicago battery attorney Gus Kostopoulos today. Gus is a former prosecutor with over 18 years experience. Our team will review the details of your case, ask questions about your interactions with the police, and devise a legal strategy to fight the battery charges against you.
From the moment you hire us, an experienced attorney will be dedicated to ensuring you receive the highest quality legal representation. We have a proven track record of aggressively defending our clients against battery charges. Call our Chicago office today to discuss your best legal options.
20+ Years of Experience
Experienced Former Prosecutor
Top Rated in Criminal Defense
Battery Laws
Battery, codified in 720 ILCS 5/12-3, occurs when a person knowingly, and without legal justification:
(1) causes bodily harm to an individual, or
(2) makes physical contact of an insulting or provoking nature. Simply put, battery is engaging in unwanted or harmful contact with another person.
The crime is considerably broad and its umbrella includes a variety of behaviors and acts.
The first type of battery – causing bodily harm – is what most people typically think of when they hear the term battery. Acts that may be considered harmful battery include
- punching,
- biting, or
- slapping.
Harmful or injurious battery can also be conducted with the use of a weapon or object, such as a knife, stick, or even an iron. Stabbing someone with a knife, striking them with a stick, or placing a hot iron on someone’s skin would all be classified as batteries. This is different than assault, as you can be charged with assault without even touching the other person.
The second type of battery – making physical contact of an insulting or provoking nature – is less commonly discussed. Unwanted physical contact may not cause the same injuries or harm as a punch or a cut, but can cause emotional or psychological injuries. Battery for unwanted touching is often caused in sexual assault and harassment cases. Spitting on someone can also be battery.
The main requirements of battery, however, remain the same. A person commits a battery when they engage in unwanted or harmful contact with another person.
In some cases, the actions or behaviors of a defendant are so egregious that the crime will be elevated to aggravated battery. A battery is elevated and charged as aggravated if the defendant:
- Knowingly causes great bodily harm, permanent disability, or disfigurement of the victim;
- Strangles the victim;
- Uses or discharges a firearm or other deadly weapon;
- Wears a mask, hood, or mask to conceal his or her identity;
- Provides the victim, or causes them to ingest, a dangerous or toxic substance; or
- Records the battery with the intent to distribute.
Batteries against certain classes of people, or which take place in certain locations, may be elevated to aggravated battery. For example, children under 13, the mentally disabled, judges, police officers, teachers or school employees, firefighters, pregnant women, or the elderly are considered “special” victims, and batteries causing great bodily harm against them are considered aggravated. Batteries that take place in a public place, on a public road, on school property, or in a correctional facility may also be charges as aggravated.
Punishment for Battery
Battery is a crime that is generally classified and punished as a Class A Misdemeanor offense. Class A Misdemeanors are the most serious of the Misdemeanor level, and are punishable by up to one year in jail and/or a fine of up to $2,500.
In some cases, a battery can be classified and punished as a Felony offense. Aggravated battery is generally a Class 3 Felony punishable by 2-5 years in prison, a fine of up to $25,000, probation for up to 30 months, and restitution for damages incurred by the victim. Illinois may extend the length of imprisonment to 5-10 years if the defendant has prior convictions for the same crime.
Aggravated battery may be charged as a Class 3, Class 2, Class 1, or Class X felony if certain facts apply. For example, if a weapon is used or if the victim is a member of the special protected class, the state may seek greater punishments under a Class 2 or Class X felony charge.
A Class 3 felony is punishable by 2-5 years in prison and a fine of up to $25,000. A Class 2 felony is punishable by 3-7 years in prison and a fine of up to $25,000. A Class 1 felony is punishable by 4-15 years in prison and a fine of up to $25,000. A Class X felony is punishable by 6-30 years in prison and a fine of up to $25,000. Each Felony class also carries possibilities for probation and restitution. If aggravating factors are found, the term of imprisonment may be extended for each class.
“Got my felony completely dismissed!”
My family’s lawyer told me that you are top trial lawyers. You won my felony hearing and got my felony completely dismissed! Thank you
– Michael L
“I was facing multiple charges of Domestic Battery”
I was facing multiple charges of Domestic Battery , had 3 warrants issued for my arrest and had these stupid charges weighing on me for 6 years, not wanting to face the music. I finally got picked up and with 6 small children at home, there was NO WAY I could afford to have jailtime. Joe listened and asked crucial questions and from the start he told me he would get it dismissed. I was skeptical to say the least. I paid him in 2 payments (he is super flexible) and then waited after the holidays for final court date. Completely dismissed. He will not give you false hope. He is honest, real and the ONLY person I want in my corner. HE IS WORTH EVERY PENNY! Don’t have someone else give you the runaround as most attorneys do. Save yourself the BS and GO WITH JOE !!!
– Christina S. | March 2019
“I could not be more pleasedand thankful.”
Please read this before you look for another lawyer!! First off, I want to say I am writing this review not because someone asked but because I am so beyond grateful and impressed to have had this group defending me in the court of law. I have never had such exceptional customer service and treated as if I were a high-end long time client. They made me feel like my case was just as important to them as the next. Their articulate steps were given to me in the very beginning to go over what was to be expected and what their goal was. Their rather diligent and speedy efforts to resolve my case couldn’t have been dealt with any better as my case could have gone south real quick. I trusted this group to take full control, let them do their work and they delivered with an outcome I was not expecting. I could not be more pleased and thankful as well as appreciated their flexibility with my payments (that was more than affordable for the hard work they did) as I was in a tight bind at the time. Thank you Joe, Rosemary and everyone else in between who have helped along the way! Your efforts were not unrecognized and I wish your group the best in the future to come! Lets just hope I don’t have to go through this again. If so I’m calling you back!!
– Mareena G. | January 2020
“He was able to dismiss my case and expunge this legal problem off my record.”
I came into some trouble with the law and being my first ever having to hire a lawyer was difficult. When a good friend of mine told me about Joe at Kostopoulos Law Group I had a good feeling about him. Around the time I came into some trouble with the law I was in the process of enlisting for the United States Marines. This court case was stopping me from going any further with my plans of enlisting. I brought the case to Joe and let him know my situation. He was able to dismiss my case and expunge this legal problem off my record. Joe cleared it all up for me and I had little to no worries. I HIGHLY recommended Joe from Kostopoulos Law Group. He will put your mind to ease and take care of your legal trouble. Joe is a very down to earth guy, respectful man, and super friendly. Thank you Joe for taking care of my case I really appreciate it.
– Jonathan G. | November 2019
“Gus, Joe and Rosemary helped in getting my case dismissed.”
Words cannot describe how grateful I am to Joe and Gus. It is very hard to find a dedicated sincere attorney like Joe. Even if anyone calls their number in the middle of the night, Joe will be there to answer and hear your case for sure. Just like that, few months ago, I got into a very unfortunate circumstance. My wife was worried sick didn’t know what to do, called the Kostopoulos Law firm in the middle of the night, since then, Joe is been supporting me till the case got completely dismissed. Gus, Joe and Rosemary helped in getting my case dismissed. Words are enough to express my gratitude and appreciation for their sincere dedication and hard work. They went above and beyond to make sure I understood what was happening and what needed to be done to get the case completely dismissed and expunged. To say my experience with the Kostopoulos Law group was pleasant would be the biggest understatement. I am forever thankful to them both. If you happen to find yourself if legal troubles I highly recommend the Kostopoulos Law Group.Thank you Gus, Joe and Rosemary!!
– Imran Q. | May 2019
Defenses to Charges of Battery
If you are charged with the crime of battery, you may be able to defend the charges if certain circumstances surround the incident for which you are charged. There are many defenses that are available to you if you have been charged with battery in Chicago. Defenses include:
- Defending yourself or another person from harm;
- Defending your property;
- Lack of reasonable apprehension; or
If you are defending yourself, another person, or your property from injury or harm you are permitted to use reasonable force. The statute defining battery specifically excludes physical touchings that are exercised with legal justification. When asserting these defenses, you are essentially admitting to the battery, but providing a legal justification for your actions.
Contact a Chicago Battery Attorney Today
If you have been charged with the crime of battery you should contact an experienced Chicago battery attorney. At Kostopoulos Law Group, our attorneys are dedicated to providing clients with the best legal representation in Cook County. We have a history of successfully fighting for our clients’ rights, often securing reduced sentences or having improper charges dismissed. Enlisting the assistance of an attorney who understands the nuances of criminal law could be the difference between probation and serious jail time.
Contact attorney Gus Kostopoulos today to learn about what legal defenses you may be able to use to fight the battery charges that have been filed against you. If convicted, your criminal record will stay with you for years to come. Calling the lawyers at the Kostopoulos Law Group is a great first step to limiting the damage impending battery charges may cause. When you call we will review the details of your case, explain your legal rights, and develop a legal strategy to fight the battery charges against you.
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