In Illinois, anything from shoving someone to a full-blown fight resulting in serious injuries may lead to criminal charges for battery. When an altercation between two or more people escalates, it can be difficult for police to know exactly what happened and who is to blame. Sometimes, a person is arrested even though they were only trying to defend themselves. If you or a loved one is facing criminal charges for a fight but were acting in self-defense, speak to an attorney right away.

What Counts as Self-Defense?

According to Illinois law, battery occurs when someone initiates physical contact of an offensive or provoking nature or causes bodily harm without justification. The key element of this description is "without justification." There are some situations in which physical contact or even force is necessary to protect a person from harm.

Self-defense is a valid legal defense to criminal charges of assault or battery if the defendant reasonably responded to an attack on their person. In order to prove self-defense, one must show that they had a reasonable belief that they were in imminent danger and had no other choice than to defend themselves. However, the response must be proportional to the threat and can only include deadly force if it is absolutely necessary.

With regards to criminal law and criminal defense in particular, all crimes are serious, carrying with them significant penalties, but all crimes also have varying degrees of this substantiality. Concerning battery and assault specifically, and aggravated battery and aggravated assault especially, the differences are slight but certainly could result in much more serious and severe consequences depending on classification. Here is a summary of the major differences between assault, battery, aggravated assault, and aggravated battery to illustrate this point.

Assault: Defined

According to Illinois law, assault happens when someone without any legal authority knowingly engages in an action that places someone else in a circumstance more likely to lead to battery.

A simple assault would result in a Class C misdemeanor, which carries with it up to 30 days in jail and up to $1,500 worth of fines, in addition to potential other penalties.

Illinois by far led the nation for having the most defendants who were exonerated of their crimes in 2018, according to the National Registry of Exonerations. Of the 151 exonerations in 2018, 49 of them occurred in Illinois. The next closest states were New York and Texas, each with 16 exonerations. Thirty-one of the Illinois exonerations stemmed from a Chicago Police Department scandal in which officers framed defendants on drug and weapons charges. However, the 18 remaining exonerations would have still lead the nation. Wrongful convictions continue to plague the U.S. justice system, destroying lives in the process. The National Registry of Exonerations’ 2018 report shares several facts about wrongful convictions in the U.S.:

1. Exonerees Spent an Average of 10.9 Years in Prison: The 151 exonerated defendants in 2018 lost a combined 1,639 years of their lives due to wrongful convictions, which was a record according to the report. Two defendants spent about 45 years in prison.
2. Two-Thirds of the Exonerations Were for Violent Crimes: Of the 101 exonerations for violent crimes, 68 were for homicide or manslaughter charges. Sexual assault charges accounted for 17 more exonerations. The remaining violent crimes were for charges such as robbery, burglary, assault, attempted murder, arson, and kidnapping.
3. Most of the Exonerations for Non-Violent Crimes Were for Drug Charges: There were 33 exonerations for drug crimes, such as possession or sale. Many of those drug crime exonerations came from the Chicago Police Department scandal. Other non-violent crime exonerations included gun possession, fraud, and sex offender registration.
4. A Majority of the Wrongful Convictions Were Due to Official Misconduct: The report attributed 107 of the exonerations to police misconduct, which includes concealing evidence, threatening witnesses, and producing false forensic tests. Mistaken witness identification and false confessions were the other causes of wrongful convictions.
5. Seventy of the Exonerations Determined No Crime Occurred: You can be exonerated for one crime while still being guilty of another charge. In 2018, 70 of the defendants who were exonerated had not committed any crime, including one defendant who had been sentenced to death.

Contact a DuPage County Criminal Defense Attorney

There are organizations that dedicate themselves to exonerating defendants for wrongful convictions. However, those organizations focus on high-profile cases, which is why homicide cases were the most common in the exonerations. A Wheaton, Illinois, criminal defense attorney at Stephen A. Brundage, Attorney at Law, is your best resource if you believe you have been wrongfully convicted. We can examine the evidence in your case to determine whether there might be cause to overturn your conviction. Schedule a consultation by calling 630-260-9647.

Source:

A Chicago man was recently charged with a felony hate crime and misdemeanor assault and disorderly conduct stemming from his recorded confrontation with a woman wearing a shirt depicting the flag of Puerto Rico. Shot from the alleged victim’s perspective, the video showed the man approaching and berating her for her shirt, saying that she should wear a shirt with a U.S. flag if she is a U.S. citizen. The misdemeanor charges would be punishable by as many as 30 days in jail and a fine of as much as $1,500. The felony charge could result in two to five years in prison.

Assault Charge

The man never touched the woman, but prosecutors believed his actions qualified as assault. Illinois’ legal definition of assault is conduct that makes the victim reasonably believe that he or she may be at risk of bodily harm. The video shows the man to be:

Sexual assault charges can be fragile for prosecutors because of the nature of the evidence. The prosecution must prove that:

• The defendant committed the sex act; and
• The accuser did not consent to the act.

If the accuser cannot provide reliable testimony or physical evidence of the sexual assault, there is little chance that the case will end in a conviction. However, a skilled defense against sexual assault charges will not rely on the prosecution failing to prove its case. If you have been charged with sexual assault, your defense can be proactive in explaining your side of the case and finding holes in the prosecution’s evidence.

Physical Evidence