What is battery?
Battery is the act of causing bodily harm or physical contact of an insulting nature. Several factors must be present to get a battery conviction:
- The act must be intentional; and
- The act must not be legally justified; and
- The act must cause bodily harm; or
- The act must cause physical contact of an insulting nature.
What are examples of battery?
Some examples of battery are:
- pushing
- hitting
- hitting with an object
- grabbing and ripping someone’s clothes
What is the penalty for battery?
Battery is a Class A misdemeanor. Class A misdemeanors have penalties of:
- up to one year in jail
- up to two years of probation (formal supervision)
- a fine of up to $2,500
What is supervision?
Court supervision is a sentencing option for misdemeanor offenses in Illinois. Basically it is a deferred dismissal of the case. Instead of entering a conviction, the offender is given supervision for a certain amount of time. The offender must not have any other violations during the period of supervision. If during the time period of supervision, the offender has no other criminal violations, then the case will be entered as a dismissal.
What are the benefits of supervision?
Of course, winning the case out right is the best possible outcome. Second best is court supervision. There are many benefits to court supervision, including:
- no conviction is entered, and the ultimate result is a dismissal
- there is no jail time
- it is non-reporting, there will be no reporting to a probation officer
- in many cases it is expungeable
What is expungement?
Expungement is when the criminal record is either destroyed or returned to the offender. The offender’s name is removed from all indexes and public record. Though law enforcement and the court can gain access to the sealed circuit court file if the offender commits a second offense or is convicted for another crime, no one else has access to the record. It is almost as if it never existed. After expungement, no employer can gain access to the files.
What are the drawbacks of supervision?
Though most instances of supervision qualify for expungement, there are several offenses that do not. In situations where expungement is not allowed, the supervision will be a permanent part of the offender’s criminal record.
What offenses do not allow expungement of supervision?
There are two offenses that do not allow expungement of supervision:
- driving under the influence
- any sexual offense committed against a minor (under 18)
What misdemeanor offenses do not allow supervision?
Several misdemeanor offenses do not allow supervision, including:
- domestic battery
- resisting arrest
- obstructing justice
- second time DUI offenders
- second time driving on a revoked license
Can you get supervision on battery charges?
Yes. Battery is a misdemeanor offense that qualifies for court supervision.
What do I do if I get charged with battery?
Contact a reputable Chicago battery defense attorney. Dennis F. Dwyer is a Chicago battery defense attorney that can skillfully represent your case. Contact his office today to learn how he can use his knowledge to defend your rights.
