Saturday, June 1, 2013

What is Battery? ROCKFORD CRIMINAL LAW ATTORNEY

31 May

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Posted by americanlawfirm

Battery is viewed as a serious criminal offense under Illinois Law, found in the criminal code at 720 ILCS 5/12-3, it states the following:

A person commits battery if he (or she) intentionally or knowingly without legal justification and by any means causes bodily harm to an individual or makes physical contact of an insulting or provoking nature with an individual.

As the definition says, in order to be accused of battery, a person has to cause bodily harm to an individual. In other words, if your ?intentional? actions, (even if your body did not touch the other person) cause injury to the individual, you can be accused of battery.

In most cases, battery is punished as a Class A misdemeanor. Usual sentences include up to $2,500 in fines and up to one year in prison. However, the judge is allowed to sentence the defendant to probation instead of prison.

One fact that most people don?t know about battery is that law enforcement officials have the right to arrest only one of the individuals and charge them with battery even if others were involved. As an example, if two people are involved in a physical fight and the police arrive, the officer has the right to choose who they will arrest and charge with battery. He or she may arrest one or both of the individuals based on their assessment of the situation.

The individual charged with battery has the right to a trial in which he or she has the right to assert a defense based on self-defense, defense of another or defense of personal property.

?If you have any legal matters, contact The American Law Firm?to speak with one of our qualified attorneys. Please call The American Law Firm?at 815-394-1776 to schedule a free consultation.

Source: http://www.theamericanlawfirm.com/?p=1152

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