Understanding Your Violent Crime Charges

 Posted on August 04, 2022 in Violent Crimes

Violence is all too common in Chicago. The city is known for having constant struggles with violent crime, often including a disproportionate amount of homicides and shootings. Attempts to crack down on violent offenses are underway - and you do not want to get caught in a wave of prosecutions against those accused of committing them. If you have been charged with an assaultive offense, it is important that you understand what your particular charge actually means. You may find that your charges seem incredibly aggressive or are far too severe in regards to what actually happened. In many cases, an attorney can have very serious felony charges reduced to something much less serious during the process of plea bargaining. But first, you need to know exactly what it is you are accused of doing.

What are Battery and Aggravated Battery?

Battery or aggravated battery - The basic definition of battery in Illinois is making unjustified physical contact with a person that either causes them bodily harm or is insulting and likely to provoke them. In its misdemeanor form, battery could include actions like slapping or pushing someone.

Aggravated battery is much more serious. It is a felony. This offense is charged when a battery is committed and an aggravating circumstance exists, such as:

• Serious intent - If the nature of the victim’s injury suggests that you meant to cause serious bodily harm like disfigurement, it may be a felony.
• Protected victim - Protected victims may include pregnant people, the elderly, police officers, judges, EMS workers, school staff on school grounds, and disabled persons.
• Hidden identity - If you used something to hide your identity, such as a hood pulled over your face or a mask, you are automatically entering felony territory.

What is Domestic Violence?

Simply put, domestic violence is a battery against a family or household member, or against a current or past romantic partner. The main difference between domestic violence and battery is who the victim is in relation to the alleged offender. Normally, domestic violence is charged as a Class A Misdemeanor.

However, domestic violence can be charged as a felony if you have a prior conviction for domestic violence or another family violence offense, like child abuse.

Unlawful Use of Weapons Charges in Cook County

Illegal possession of a firearm is a very common charge - there are a lot of hoops to jump through to become a legal firearm owner, and not everyone does. However, guns are not the only weapon that can get you in trouble. You could also face weapons charges for possessing things like a stun gun.

For some weapons charges, the prosecution will need to show that you intended to use the weapon. It is not illegal to have a broken beer bottle in your possession, for example, but it is illegal to plan on weaponizing the broken glass. This offense can also be charged in an aggravated form.

You will need to discuss the specific facts of your case with a qualified attorney to fully understand your weapons charge.

Call a Cook County Violent Crimes Attorney

If you have been accused of a violent crime, Luisi Legal Group can offer you a high-quality legal defense. Our experienced Chicago violent crimes lawyers will fight to eliminate or minimize the impact of your charge. Contact us at 773-276-5541 to receive a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+24&ActID=1876&ChapterID=53&SeqStart=68200000&SeqEnd=71400000

https://www.ilga.gov/legislation/ilcs/documents/072000050K12-3.htm