Chicago Criminal Lawyer Blog
Why Domestic Battery Is Treated More Seriously Than Simple Battery In Chicago And Lake County
A person arrested for battery in Chicago may assume the case is “just a misdemeanor” because no weapon was involved or because the alleged injury was minor. That assumption can be dangerous, especially when the charge is domestic battery rather than simple battery. Under Illinois law, simple battery and domestic battery may involve similar alleged conduct, but they are not the same criminal charge. The difference is not only the physical contact. The difference is the relationship between the accused person and the alleged victim, and that relationship can make the case much more serious in court, at work, at home, and on a criminal background check.
Simple battery is generally charged under 720 ILCS 5/12-3. The State must prove that the accused knowingly, without legal justification, caused bodily harm to another person or made physical contact of an insulting or provoking nature. Many simple battery cases begin after bar fights, street arguments, disputes at sporting events, incidents in parking lots, or confrontations between strangers. A basic battery charge is usually a Class A misdemeanor in Illinois. That does not make it harmless. A Class A misdemeanor can still carry up to 364 days in jail, probation, conditional discharge, fines, court costs, and a public criminal record.
