BLOOMINGTON CRIMINAL DEFENSE BLOG HOME

Jan 15

How Does Illinois Differentiate Between Battery and Aggravated Battery?

Unlike assault crimes, Illinois law requires battery offenses to involve physical contact of a harmful, insulting, or provoking nature. Any person who initiates this type of contact can face criminal penalties, including jail time and fines. In more extreme situations, the perpetrator can even face felony charges for aggravated battery.

What is the Illinois Definition of Battery?

720 ILCS 5/12-3 furnishes the Illinois definition of battery. Under this section, a person commits battery if they knowingly and without legal justification:

    Cause physical harm or injury to another person; or Initiate contact of an insulting or provoking nature with another person. 

What is the Illinois Punishment for Battery?

Section 12-3 also explains the Illinois punishment for battery. Under this section, battery is a Class A misdemeanor in Illinois. 

If a person is convicted for this class of misdemeanor, they can face a maximum of 12 months in jail and $2,500 [...]

Jan 8

Cocaine Distribution Charges Filed Against Man From Bloomington, Illinois

Illinois authorities filed felony charges against a Bloomington man for distribution of cocaine, according to an article by The Pantagraph

According to official reports, one count involved the distribution of cocaine in an amount between one and 15 grams. The other count involved the distribution of cocaine in an amount of less than one gram.

At this point, the Bloomington man has paid $50,000 to secure a personal recognizance bond. While this man awaits his arraignment on February 19, it seems prudent to review Illinois laws against and penalties for the distribution of cocaine. 

Illinois Laws Against Distribution of Cocaine

As detailed in 720 ILCS 570/401, it is unlawful to manufacture, distribute, or otherwise attempt to transfer possession of controlled substances. In this context, the term controlled substance refers to many illegal drugs, including those classified in Schedule II like cocaine. 

On a related note, it is also [...]

Jan 1

Illinois Criminal Law: Burglary vs. Residential Burglary

The Illinois Criminal Code includes specific provisions that prohibit any person from committing burglary or residential burglary. Even though these offenses might sound highly similar, they are categorized and punished separately. Under Illinois law, the potential prison sentence can increase dramatically for burglary offenses committed in another person’s residence. 

Burglary

Illinois law at 720 ILCS 5/19-1 provides the definition of burglary. Under this section, a person commits burglary if they:

    Knowingly and without legal authority enters or remains in a building, house-trailer, watercraft, aircraft, motor vehicle, railroad car; and Demonstrates an intent to commit theft or a felony crime. 

Any person who commits burglary in violation of Section 19-1 is guilty of a Class 3 felony. If convicted for this type of felony, the statutory punishment can include a prison sentence between two and five years as well as criminal fines up to $25,000. Probation or conditional discharge [...]

Dec 25

Bloomington Man Arrested for Sexual Assault, Arson, and Domestic Battery

Law enforcement arrested a Bloomington man for criminal sexual assault, arson, and domestic battery, according to an article by The Pantagraph.

Allegedly, this Bloomington man committed sexual assault against a female victim. Then he attempted to light the residence on fire and prevented the victim from leaving the premises. This man also allegedly battered the victim during an earlier incident. 

While this Bloomington man awaits his arraignment on January 15, it seems like a suitable occasion to review several Illinois laws and penalties at play in this situation. 

Domestic Battery

The Illinois laws against domestic battery appear at 720 ILCS 5/12-3.2. Under this section, it is unlawful to knowingly and without legal justification:

    Inflict physical harm to a family or household member; or Initiate insulting or provoking contact with a family or household member.

Any person who commits domestic battery in violation of Section 12-3.2 [...]