If you already have a criminal record, facing a battery charge can be even more complicated. Does the existing record impact the new charge and how the court views you? In Illinois, past convictions can strongly affect how prosecutors handle your case and how a judge decides your sentence. However, you still have the right to challenge the allegations against you. A Cook County, IL battery defense lawyer can help you understand your rights. Together, we can build a strong defense.
What Counts as a “Prior Conviction” for Battery in Illinois?
Under 720 ILCS 5/12-3, battery happens when someone knowingly causes bodily harm to another person or makes unwanted physical contact that is considered insulting or provoking. If you were convicted of this crime or a related charge like domestic battery under 720 ILCS 5/12-3.2, that conviction can affect your new case. The court and prosecutors will look at your history to decide how serious the new charge should be. Even if your previous case was years ago, it could still have an impact. An experienced criminal defense attorney can review your record and help you build a strategy to limit its effect on your charges or sentence.