Involvement in a physical altercation can be overwhelming, especially when you end up in handcuffs because of the fight. However, if you’re charged with battery, understanding what constitutes these charges and the penalties you can face if convicted is vital. The following blog explores what you must know about these circumstances and how a Peoria violent crime lawyer can assist if you’re facing charges for a battery charge.
Unfortunately, many people confuse battery and assault due to the similarities of the actions. Generally, assault is the act of threatening or attempting to commit battery against someone else, whereas battery is the action of physical contact with another person. For example, if someone threatens to punch you and raises their fist but does not actually hit you, this is an example of assault. However, if they follow through, this is battery.
Battery can occur in two ways – the first is through insulting or provoking physical contact. Essentially, this means any time any contact occurs that can be intimidating or with intent to start a fight in the context of the confrontation, someone can be charged with battery. This can be as seemingly simple as grabbing another person’s arm in the midst of a disagreement.
However, those who commit bodily harm against another person, such as physically hitting or attacking another person to cause physical injury can also face battery charges. These can include bruises, welts, lacerations, cuts, or broken bones.
The penalties for battery are generally charged as a Class A misdemeanor with a $2,500 fine and up to a year in prison. However, there are aggravating factors that can increase the severity of the charges you can expect. If you cause severe harm, use a firearm during the attack, or commit violence against a vulnerable victim, you can face felony charges. This constitutes between one and three years in jail, a fine of up to $25,000, and two and a half years of probation.
One of the most common defenses for a battery charge is that the defendant was acting in self-defense. If you can prove the victim was actually the aggressor in the situation, you may be able to prove that you were simply defending yourself from becoming injured.
Additionally, you may be able to prove that this is a case of mistaken identity or that the assault never actually occurred. Unfortunately, false accusations can occur, leaving the defendant’s life severely impacted. As such, proving that you were not the one who inflicted the injuries is essential.
If you are facing battery charges, it’s imperative to ensure you enlist the assistance of an experienced criminal defense attorney. At Giraudo Law, we understand the importance of proving your innocence. That’s why our team is ready to fight for you during these challenging times. Contact our firm today to learn how we will do everything possible to help you achieve justice.