Battery attorney, James Dimeas, has been handling Battery cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County for over-27 years. James Dimeas's extensive experience with Battery cases gives Battery attorney, James Dimeas, a unique and keen understanding of how Battery cases are handled by the police and how battery cases are treated by the Courts.
A criminal charge of Battery 720 ILCS 5/12-3 is one of the more common criminal offenses in Illinois. You can be charged with a Battery in Illinois if you cause someone bodily harm or make physical contact of an insulting or provoking nature. A common misunderstanding of a Battery charge is that you don't have to actually hit, or hurt someone to be guilty of a Battery. It's enough if you simply made contact that was insulting or provoking. An example would be spitting on another person. There is no physical harm to the other person but it is insulting. If proven in Court, spitting on someone could be considered a Battery.
If you make physical contact with a family member that causes bodily harm or is of an insulting or provoking nature, you will be charged with a Domestic Battery. A Domestic Battery 750 ILCS 60 applies to victims of a Battery who are family members or ex-spouses or an ex-boyfriend or girlfriend. A Domestic Battery case is treated much more harshly than a simple Battery in Illinois. The law will impose a much more severe penalty for a Domestic Battery conviction than for a simple Battery conviction. In addition, Chicago, Cook County, DuPage County, Kane County, and Lake County Domestic Battery cases are assigned to special Courtrooms that only handle Domestic Battery cases. The Judges, Prosecutors, and courtroom personnel are specially trained to handle Domestic Battery cases. The State's Attorney's Offices in Chicago, Cook County, DuPage County, Kane County, and Lake County pursue Domestic Battery cases much more aggressively than a simple Battery case.
A much more serious charge is Aggravated Domestic Battery. You can be charged with Aggravated Domestic Battery 720 ILCS 5/12-3.3 if the injuries to the victim are severe and permanent or if strangulation was involved. If the victim was unable to breathe, even for a second, that would be considered strangulation. Aggravated Domestic Battery is a Class 2 felony in Illinois. If you are convicted of an aggravated domestic battery, you can get probation but you must serve a mandatory minimum of 60-continuous days in custody.Illinois Battery Law
Battery attorney, James Dimeas, has been handling Battery cases for over-27 years throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. In James Dimeas's 27 years of handling Battery cases the most common Battery case usually involves an altercation between two people. Most of the time, it's one person's word against the other. Once in awhile witnesses will be involved. The typical battery case can be a little difficult for the state to prove. Battery lawyer, James Dimeas, has been aggressively contesting and fighting Battery cases throughout the Chicago metropolitan area for over-27 years. James Dimeas is experienced and highly skilled in fighting Battery cases and coming up with effective and winning trial strategies which have been proven to be effective against Battery charges. To discuss your particular Battery case, contact Battery attorney, James Dimeas, anytime to discuss the particular facts of your case. James Dimeas will give you an honest assessment of your case and will discuss what he can do for you. You can speak to James Dimeas personally by calling 847-807-7405.What is the Penalty for a Battery in Illinois?
A simple Battery is a class A misdemeanor in Illinois that carries a maximum penalty of up to one-year in County Jail and a maximum fine of $2,500. However, under certain conditions, a simple Battery can be upgraded to an Aggravated Battery. It's not that hard for a simple Battery to be upgraded to an Aggravated Battery. A simple Battery can quickly become an Aggravated Battery if any of the following conditions are met:
- If the victim was employed by a school or was a teacher;
- If the victim was a police officer, corrections officer, firefighter, paramedic or was rendering medical aid. The victim must have been performing their duties at the time of the battery;
- If the victim was a bus driver, cab driver, Uber driver, or limo driver;
- If the victim was working for Public Aid;
- If the victim was pregnant; or
- If the victim was 60 or older.
In Illinois, a conviction for an Aggravated Battery 720 ILCS 5/12-3.05 is treated much more seriously than a simple Battery and even more seriously than a Domestic Battery. Aggravated Battery is a Class 3 felony which carries a possible prison sentence of between 3 to 5 years. The fine for an Aggravated Battery can be up to $10,000.
A Domestic Battery is a class A misdemeanor which carries a maximum penalty of up to one year in jail. But a Domestic Battery is more serious than a simple Battery because if you plead guilty, or are convicted of a Domestic Battery, you cannot receive Court Supervision. The lowest sentence you can receive for a Domestic Battery is Conditional Discharge. You will never be allowed to remove a Domestic Battery conviction from your criminal record.Defense of Battery Charges in Illinois
If you are charged with a Battery in Cook County, DuPage County, Kane County, or Lake County, Battery lawyer, James Dimeas, has the 26 years of experience in handling Battery cases that you need to win your case and avoid a Battery conviction. Some of the defenses that James Dimeas has developed in his 26 years of experience in handling Battery cases in Cook County, DuPage County and Kane County include the following:
- Challenge the credibility of the complaining witness by uncovering a criminal past of the complaining witness;
- Discover witnesses who will testify that the complaining witness was the aggressor;
- Obtain and review surveillance video to prove that the complaining witness was the aggressor;
- Challenge the complaining witness's version of the events;
- If the state is trying to introduce a statement from the defendant Mr. Dimeas will challenge the legal admissibility of the statement and make the state prove that the statement was made freely and voluntarily after the proper Miranda warnings were administered.
Just like almost any other criminal case, the best available defense will depend on the specific facts of each case. Battery lawyer, James Dimeas, has been handling Battery cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County for over-26 years. James Dimeas knows how to handle Battery cases by actually handling Battery cases. James Dimeas is familiar with the techniques used by all the local prosecutors and has developed the knowledge and the skills necessary to aggressively and effectively handle your Battery case. James Dimeas will give you the best chance of winning your case and keeping the criminal Battery charge off of your record. Contact attorney James Dimeas. You can always talk to James Dimeas personally about your Battery case by calling 847-807-7405.Award-Winning, Highly Experienced Battery Attorney for your Battery Case
Battery attorney, James Dimeas, is an award-winning, nationally recognized, Battery lawyer who has been handling Battery cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County for over-27 years. Recently, the American Society of Legal Advocates named James Dimeas a "Top 100 Criminal Defense Lawyer In the State of Illinois For the Year 2018, 2019 and 2020." James Dimeas was recognized by Expertise as a "Best Criminal Defense Lawyer in Chicago". James Dimeas was named a "Best DUI Attorney." The National Trial Lawyers named James Dimeas a "Top 100 Criminal Defense Trial Lawyer." The American Institute of Criminal Law Attorneys recognized James Dimeas as a "10 Best Attorney for Client Satisfaction". Attorney and Practice Magazine gave James Dimeas the "Top 10 Criminal Defense Attorney Award for Illinois," and the "Top 10 DUI Defense Attorney" award. The National Academy of Criminal Defense Attorneys gave James Dimeas the "Top 10 Attorney Award for the State of Illinois." James Dimeas is rated "Superb," 10 out of 10, by AVVO, the highest rating possible for any Battery lawyer in the United States.
Battery lawyer, James Dimeas, has been handling Battery cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County for over-27 years. James Dimeas has devoted his legal career to the practice of criminal law. James Dimeas has developed the experience to effectively and efficiently handle all types of Battery cases. James Dimeas has a unique understanding of the various legal issues concerning Battery cases and understands how to best handle Battery cases in the various courthouses in the Chicago Metropolitan area. James Dimeas has developed relationships with the local prosecutors and the local judges that are assigned to the Courthouses throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. James Dimeas is well-respected in the legal community and has been recognized by numerous national and local organizations for his outstanding skills and his legal ability.
To discuss the specific facts of your case, you can contact Attorney James Dimeas anytime for a free and confidential consultation. James Dimeas will give you an honest assessment of your case and will be fair with you. You can always speak to James Dimeas personally by calling 847-807-7405.