battery

March 4, 2022

Officer Will Not Face Charges After Groin Punching Suspect

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

Two officers approach a suspect who opens fire on them. They return fire and strike the suspect. The suspect has now been shot. The police have him in cuffs and are searching him to determine where the gun is. The officer is patting him down. Another officer is standing near him. The officer who is doing the patdown hits his head on the other officer. Thinking it was the suspect who tried to strike him, he punches the man in the groin several times.

Bodycam footage does not show the suspect threatening the officer at the time of the arrest. The officer was relieved of duty and then charged with aggravated battery and official misconduct. However, a grand jury declined to file charges against the officer and so, the case has been dismissed.

Understanding the Problem

August 4, 2021

Black Man Assaulted by Group of White Men is Facing Charges

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

A Black man assaulted by a group of white men is facing criminal charges related to the incident. According to the man, who is a local civil rights activist and a member of the Monroe County Human Rights Commission, called 911 after being assaulted by five men. The men accused him of trespassing on private property. The victim apologized and said he was not aware, but the situation escalated quickly when the men tried to teach him a lesson.

According to the victim, the men threatened to break his arms and “get a noose.” One of the men was wearing a confederate flag hat, while others were chanting white power. Cellphone video captured some of the event.

Two of the white men face charges of felony criminal confinement and battery resulting in moderate bodily injury. The white men maintained that they were threatened first and that the complainant was trespassing. Their lawyers claim that the two are victims of a smear campaign to jacket them as white supremacists. The Indiana Department of Natural Resources recommended charges be filed against all involved in the incident, but Monroe County prosecutors initially only filed charges against the two white men. Now the victim will have to face charges related to trespassing and battery. The FBI also said they are investigating the incident as a possible hate crime.

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.

August 10, 2018

Examining Assault and Battery Cases

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

Assault and battery cases occur on a daily basis in Chicago. If you are ever charged in such a case, it is important for you to know what you face moving forward. For starters, you should never defend yourself in court when it comes to even minor or misdemeanor charges. There is no reason you should mess with your freedom or your rights. Let’ us take a look at assault and battery cases in today’s post so you know what to expect if you ever face these charges.

Definition of Assault

The most common definition of assault is when one person threatens to harm another or incites the fear of harm in another person. It could also include the intent to injure another person. For the most part, contact with the victim is not necessary for someone to be charged with assault. That is why you do not need battery to be present for assault be a charge, while on the other hand battery requires assault for both charges to be issued.

July 20, 2018

Aggravated Battery of a Police Officer in Chicago

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

Aggravated battery of a police officer is a serious crime. Chicago judges and law enforcement are especially harsh on these cases. If you were recently charged with this crime, it is important to know your defense options. It is also crucial that you look at recent cases to understand how harsh the judge could be at your arraignment and potential trial.

Recent Cases

On July 4, 2018, Chicago police responded to a domestic dispute at a party. A woman told police that her boyfriend had physically assaulted her. She had left the event, but her child was still there. When the police attempted to arrest the boyfriend, he became violent and used the child as a shield against them. Two of the man’s relatives then assaulted the officers in an attempt to free him.

July 11, 2018

Hate Crimes in Chicago

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

Recent studies show that hate crimes in Chicago have increased by 20% between 2015 and 2016. New police data show that hate crimes are at a five-year high and have outpaced previous years. In fact, data show that since the last election, the number of victims of hate crimes has increased. People are treated differently, and the social dynamics of the city are shifting. Most hate crimes reported in the city have historically been toward gay men and blacks, but now they are increasingly toward Arabs, Muslims, and Hispanics. News reports continue show videos of city dwellers confronting women and men for wearing shirts that support other nations, other religions, and other races.

What Constitutes a Hate Crime?

Legally, hate crimes are any crimes motivated by some form of bias. Hate crimes are violent acts that target groups or individuals based on an identifier such as nationality, race, sexual orientation, or religion. Someone can be charged with committing a hate crime when he or she acts violently against a religious establishment or house of worship based solely on the nature of that institution. Expert attorneys know the latest changes that Illinois lawmakers have put into effect regarding these violent crimes.

April 12, 2017

Hate Crime in Chicago

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

Chicago has sought to deal with the increasing problem of hate crime using legislative means. The provisions of the Illinois Hate Crime Act (IHCA), 720 ILCS 5/12-7.1, are the leading authority on the management of the criminal process. The act creates an imperative on the state to prosecute but does not explicitly remove the opportunity for private civil cases to take place. Many victims take the opportunity to sue for damages, even when the aggressor is a public authority or their representatives. The range of options for the court includes actual damages, punitive damages, and additional costs, including attorney fees. At other times, the court may offer injunctive relief in order to stop the offending behavior from happening.

The criteria for what constitutes a hate crime can be fluid and those who offend have often used the ambiguity of definitions in order to attempt a get-out-clause for their behavior. Typically, they will claim that this is a case of freedom of speech, which is constitutionally guaranteed. For those who actually go on to commit acts of violence, the case is much simpler since the prosecutor can go for the assault line of questioning and later prove that hate-inspired motives were at play. A crime becomes a hate crime when it is motivated by perceived creed, race, color, gender, ancestry, religion, sexual orientation, disability, nationality and even membership of a particular group. Bigotry is at the heart of this crime and will be part of the Mens Rea during the prosecution.

The Importance of the Motivating Factors

April 20, 2016

Is it an Assault and Battery or Mutual Combat?

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

Criminal assault and battery, in most jurisdictions, is defined as an intentional act where one individual attempts to or does strike another individual; or acts in such a threatening manner as to place an individual in immediate fear of harm. Aggravated assault and battery is when an individual causes severe injury to another, often through the use of a deadly weapon.

Although “assault and battery” are related, under Illinois law they are two separate and distinct criminal offenses. State prosecutors may charge these two offenses separately, however, in order for a prosecutor to prosecute on a charge of battery, he must also prove the elements of an “assault.”

An assault is the attempt to injure another person through threats or threatening behavior. It is viewed as an attempted battery, but is distinguished from an actual battery in that no contact is necessary for the assault. Wherein, in a case of “battery,” the prosecutor must prove that the defendant caused bodily harm to his victim. Illinois state law requires that for a charge of aggravated battery, the defendant must have used a firearm, or some other deadly weapon, or caused harm to a child or a law enforcement officer.