Possible Defenses against Aggravated Battery in IL

courtAny intentional act of using violence or force against another person is a crime of battery. The mere grabbing of an arm, punching and kicking, or hitting someone with an object can fall under this offense. The simplest form of battery is only considered a petty misdemeanor, but it can quickly escalate into an aggravated battery, which is a felony, with the involvement of a deadly weapon.

The State of Illinois takes aggravated battery cases seriously, especially if the victim is a police officer. If you find yourself in this situation, an aggressive defense is what you need more than anything. The prosecutors most likely will defend the victimized police mightily. Without an experienced criminal attorney on your side—who can relentlessly fight for your best interest—you may have already lost the case before the trial even began.

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As the site noll-law.com pointed out, “Discussing your Battery or Aggravated Battery charges with an experienced criminal defense attorney is important. An experienced criminal defense attorney may be able to help you avoid a conviction or minimize any negative consequences that may arise from your arrest.”

Here are a few defense strategies used by lawyers:

Act of Self-Defense

The most common way to justify what you did is to claim you only defended yourself or other people. It is your story against theirs, of course, but you can convince the judge with complementing statements from reliable witnesses. If you can prove five elements to the judge, you may be acquitted.

“Wrong Guy” Claim

If there are more persons involved in the incident, claiming it was not you who did it makes a plausible case. It is possible to be mistaken for somebody else, especially if the event happened in the dark or was not captured by any surveillance camera. Attesting your fingerprints are not in the weapon and using the results of the medical examination as evidence are ways to clear your name from the accusation.

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Accidental, Not Intentional

Claiming your actions are purely accidental is an acceptable defense. With the help of your lawyer, you can present your story in good light and prove that you have no criminal intent whatsoever in what you did.

An aggravated battery conviction will turn your life upside down. Consult your criminal lawyer and increase your chances of obtaining a favorable decision in the end.