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Can I Have a Battery Charge Expunged in Illinois?

Whether you made a mistake or were the victim of a false conviction, having a crime on your record can drastically affect the rest of your life. As such, it’s in your best interest to explore whether or not your criminal record can be forgiven. This process, known as expungement, can help remove a charge from your record, helping you get a second chance at life. If you were charged with a violent crime, understanding whether or not battery can be expunged from your record in Illinois is critical. Keep reading to learn more about these matters and why it’s in your best interest to connect with a Peoria violent crime lawyer to discuss your circumstances in further detail.

What Warrants a Battery Charge and What Are the Penalties?

It’s important to understand that in Illinois, assault and battery, though often used interchangeably, are two very distinct crimes. Generally, assault occurs any time you threaten or attempt to cause bodily harm to another person. You can face an assault charge even if you never made physical contact with the victim.

Battery, on the other hand, occurs when you make physical contact with another person in an intentionally provoking or offensive manner. This means you can face a battery charge if you grab someone’s shoulder during a verbal altercation or punch someone in the face.

The penalties for a battery charge generally include up to one year in jail and a fine of up to $2,500. However, if there are aggravating circumstances, such as the age of the victim or the presence of a weapon, the charges can increase to aggravated battery. This increased the penalties so you may face a felony offense carrying one to three years in prison and a maximum fine of up to $25,000.

Can Battery Be Expunged?

If you have been charged and convicted of a battery offense in Illinois, understanding how to proceed is critical. Generally, many assume they have to accept that this charge will remain on their record forever, which is far from the truth. In reality, you may be able to fight to have this charge expunged or removed from your record.

In Illinois, you may be able to have a battery offense removed if it has been more than five years since your conviction, you were sentenced to court supervision, and you have no other criminal convictions on your record. As such, this will be erased from your record.

You should also note that you may not be able to have an aggravated battery charge expunged,  but you may be able to have it sealed. This essentially limits who can see your criminal record, meaning you may have an easier time finding employment or housing.

Getting a crime expunged from your record isn’t an easy process. As such, if you are facing charges for battery, it’s in your best interest to do everything possible from the start to evade a conviction. That’s why you need the team at Giraudo Law on your side. We understand how complex these matters can be, which is why we will do everything possible to fight for you. Connect with us today to learn more.

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