aggravated battery

May 10, 2023

Officer Facing Charges of Aggravated Battery After Punching 17-Year-Old Boy

by Law Offices of David L. Freidberg, P.C.

An incident that had the Arab American community up in arms has resulted in criminal charges being filed against an Oak Lawn police officer who allegedly committed official misconduct in the court of arrest. The officer will have to face charges of aggravated battery and official misconduct after a grand jury decided to pursue charges against the officer. The Oak Lawn police department has declined to comment on the incident.

Two other officers involved in the altercation were not charged, much to the disappointment of the family. This appears to be the new normal as far as police violence goes. The law will charge the individual as a scapegoat who committed the most egregious violation, and then those who stood by and watched or partook in a lesser way get off without repercussion.

The officers were filmed during the altercation. Two were holding the victim on the ground while a third continually struck him. The video went viral, and the police department defended the officers stating that they were following their training. This, too, is part of the problem.

April 22, 2022

Woman Charged With Hate Crime After Throwing Drink at Bartender

by Law Offices of David L. Freidberg, P.C.

If you throw a drink at someone, that is battery. If you throw a drink at someone after calling them a ‘ho’ and demanding that they take their Star of David necklace off, then it is a hate crime. Such is the circumstance of a 30-year-old woman who was offended by the Jewish iconography worn by the bartender. She is now facing enhanced charges of battery evincing evidence of prejudice.

The woman went off on a tirade concerning Israeli-Palestinian conflict. When the bartender recognized she was Palestinian, she told the woman that she did not mean to upset her. The woman was not consoled. She informed the bartender that she “hated Jews” and then threw her drink at the bartender, striking her in the collarbone.

The woman was later identified via surveillance footage. She turned herself in before a warrant could be issued. The woman was released on her own recognizance and ordered not to drink or take drugs while her case is pending.

March 26, 2021

Two Men, Girl Charged in Organized Dating App Robberies

by Law Offices of David L. Freidberg, P.C.

Two 18-year-old men are facing charges of terrorizing two other men who had arranged dates on the popular Tinder App. Jahziah McDonald and Jeremiyah Mannie were denied bail after the prosecutors said that the attacks were organized. The men have been charged with aggravated kidnapping, aggravated vehicular hijacking, and aggravated robbery—all of which are felonies. The men did not have adult records. However, one faced juvenile charges related to auto theft. A third female teenager was used to lure the men to the attack. The teenaged girl will face juvenile charges. A fourth individual who attended the attacks was released uncharged.

Hook-up Site Robberies Targeting Men

Men are not usually the target of hook-up site robberies. Generally, it is women who have to be more careful. However, anyone can be the victim of this sort of attack without regard to their gender. In this case, men hoping to hook up with a pretty girl were lured to a secluded place where the attack could be conducted. One man was forced to withdraw money from his account at an ATM.

July 15, 2020

CTA Employees Facing Charges After Fist Fight Goes Viral

by Law Offices of David L. Freidberg, P.C.

The Chicago Sun-Times reported on a CTA incident in which two CTA employees allegedly got into an altercation with a bus rider. The incident occurred on June 11. 28-year-old Leonard Anders Jr. and 46-year-old Milan Williams, both transit employees, have been fired and now face charges for their role in the incident. The victim, 43-year-old Lawrence Madden can be seen on video getting body slammed by Lawrence Madden who entered the altercation after a fight broke out between Anders and Madden.

CTA announced that the two men were being fired for violation of a number of rules, including conduct unbefitting of a CTA employee and failure to report the incident. The two men also face charges of misdemeanor battery and aggravated felony battery.

Who Threw the First Punch?

April 24, 2020

County Jail Detainees Charged With Attempted Murder of Guard

by Law Offices of David L. Freidberg, P.C.

Two Cook County detainees are being charged with attempted murder after an attack that left one guard hospitalized and two others injured. The attack occurred on April 14 during the height of the coronavirus lockdown. Dante Jeffries and Sharelle Sims were in the jail’s most secure wing. They have been charged with attempted murder, aggravated kidnapping, aggravated battery, and possession of contraband. The two will be arraigned on May 5.

What Happened?

A jail officer had allowed Jeffries to leave his cell to get a cup of water. After he got his drink, the prison guard says that Jeffries attacked him from behind and dragged him into his cell. The officer managed to fight his way out of the cell, but Jeffries again attacked him, placing him in a chokehold until he lost consciousness.

January 25, 2019

Aurora Woman Arrested for Aggravated Battery and Domestic Battery

by Law Offices of David L. Freidberg, P.C.

On January 16, 2019, an Aurora woman was arrested and charged with three counts of felony aggravated battery and three counts of misdemeanor domestic battery at Rush Copley Medical Center in Aurora. The charges were spurred by a video of the incident captured by a witness who in turn called 911. The woman is accused of dragging her five year old child by the hair and holding him down and pinching his neck, causing bruising, according to The Chicago Sun Times.

What are the Punishments for Aggravated Battery and Domestic Battery?

In Illinois, aggravated battery is a Class 3 felony and is punishable by a term of imprisonment of between two and a half to five years with a potential fine of up to $25,000. In certain cases, this sentence can be extended to up to 10 years if certain aggravating circumstances exist. A previous felony conviction within the last 10 years or if the battery is committed against a victim 12 years of age or younger are just two of the aggravating factors that can be considered. Domestic battery is considered a Class A misdemeanor (although it can also be charged as a felony in some cases) and can be punished with up to a year in jail and a fine of up to $2500. It is important to note that domestic battery is a misdemeanor that, upon conviction, even if you are sentenced only to court supervision, can not be expunged from your criminal record. This differs from many other misdemeanors and further exemplifies the seriousness of the charge.

January 13, 2017

Aggravated Battery on a Police Officer in Chicago

by Law Offices of David L. Freidberg, P.C.

It is a nightmare scenario when a defendant is accused of having injured a police officer in the line of duty. Both the courts and probation office are reluctant to give defendants any benefit of doubt or leeway in such circumstances. The message is clear: You mess with public officials and the public will mess with you by way of aggravated sentencing guidelines. Although such cases are a true test of defense skills, it can certainly help to solidify some of the key aspects of criminal defense. Many trainer attorneys might benefit from handling such a case. The key ingredients of the crime are summarized in the provisions of 720 ILCS 5/12-3.05.

Understanding the Crime and its Ingredients

It helps to first understand the general crime of battery and then assess the aggravating features in as far as they relate to the current case. First of all, the defense team must take note of the important technicality that battery for these purposes excludes the discharge of a gun. That is an entirely separate crime with more serious consequences for the defendant if one of the victims was a police officer. In any case, there is a requirement that the defendant knowingly committed the constituent acts which include causing bodily harm or disfigurement. The harm clause also refers to permanent disability.