Aggressive. Experienced.
Former Cook County Felony Prosecutor
Former Cook County Felony Prosecutor
Battery
Facing Battery Charges in Chicago? Get Defense Attorney Andrew M. Weisberg on Your Side
A heated argument. A push in frustration. A misunderstanding that quickly spiraled out of control. However it began, you now find yourself facing a battery charge in Illinois, and the stakes are higher than ever.
Under 720 ILCS 5/12-3, battery is defined as causing bodily harm to another person or making physical contact of an insulting or provoking nature without legal justification. Most battery cases are classified as Class A misdemeanors, punishable by up to 364 days in jail and fines up to $2,500.
But if the incident allegedly caused serious injury or involved certain aggravating circumstances, the charge can escalate to aggravated battery, a felony carrying far more severe penalties — including potential prison time.
With the Cook County State’s Attorney’s Office now taking a tougher stance on violent offenses, even first-time offenders are seeing harsher outcomes. That’s why it’s crucial to have an experienced, aggressive defense attorney like Andrew M. Weisberg fighting for you from the very beginning.
A New Era of Harsher Battery Prosecutions in Cook County
Since December 2024, the newly elected Cook County State’s Attorney has made it clear: the era of lenient plea deals is over. Prosecutors are now under instruction to pursue more aggressive charging and sentencing policies, including:
- Charging more battery cases as felonies, particularly when the alleged victim reports injuries.
- Offering fewer plea bargains and limiting deferred prosecution or diversion programs.
- Pushing for jail or prison time — even for first-time or low-level offenders.
Under the previous administration, cases were often reduced to misdemeanors or resolved through probation. Today, the prosecution’s focus is on convictions and incarceration. This makes it more important than ever to have a defense lawyer who knows the system from both sides — and knows how to fight back effectively.
Understanding Battery Charges in Illinois
Many people misunderstand what qualifies as “battery” under Illinois law. Physical injury is not always required — any physical act deemed insulting, provoking, or harmful can result in criminal charges.
Examples of Battery Without Serious Injury:
- Spitting on someone
- Throwing a drink or other substance
Examples of Battery Involving Physical Harm:
- Punching, slapping, or striking another person
- Hitting someone with an object such as a bottle or bat
- Grabbing or dragging someone by their hair or clothing
When a Battery Charge Becomes Aggravated Battery
Aggravated battery, defined under 720 ILCS 5/12-3.05, elevates the offense to a felony. This occurs when certain aggravating factors are present, such as:
- The alleged victim is a police officer, teacher, healthcare worker, or other protected professional
- The act causes great bodily harm, permanent disfigurement, or disability
- A deadly weapon was used or displayed
In addition, if prosecutors allege that you made threats that placed someone in fear of imminent harm, you may also face a separate assault charge (720 ILCS 5/12-1).
Given the State’s new aggressive approach, any of these charges can have devastating, long-lasting consequences.
How Andrew M. Weisberg Builds a Strong Defense
A charge does not mean a conviction. With the right defense, many battery cases can be reduced, dismissed, or won at trial.
As a former Cook County prosecutor, Andrew M. Weisberg has firsthand experience with how the State investigates and prosecutes battery cases — and he uses that knowledge to your advantage. His approach is methodical, strategic, and relentless.
Potential Defense Strategies Include:
- Self-Defense or Defense of Others: Showing that you acted to protect yourself or another person from harm.
- Lack of Intent: Demonstrating that the contact was accidental, not intentional.
- False or Exaggerated Allegations: Exposing inconsistencies in the accuser’s story or motives behind the claim.
- Insufficient Evidence: Challenging the State’s ability to prove guilt beyond a reasonable doubt.
Andrew carefully reviews every detail — police reports, surveillance footage, witness statements, and forensic evidence — to build a customized defense that attacks the prosecution’s case from every angle.
Why Choose Andrew M. Weisberg as Your Chicago Battery Defense Attorney
With Cook County’s new prosecution policies, even a single mistake can have life-altering consequences. That’s why your defense attorney matters more than ever.
Andrew M. Weisberg offers:
✅ Experience on Both Sides of the Law: Nearly a decade as a Cook County prosecutor before becoming a defense attorney.
✅ Proven Trial Skills: Known for effective cross-examination and courtroom advocacy.
✅ Personalized Attention: Andrew handles every case himself — never passed off to junior associates.
✅ Results-Driven Representation: He’s helped countless clients achieve dismissals, acquittals, and reduced charges in Chicago-area courts.
Andrew’s deep understanding of Cook County’s evolving policies allows him to anticipate prosecutorial strategies — and counter them before they gain traction.
Frequently Asked Questions About Battery Charges in Illinois
What is battery under Illinois law?
Battery occurs when a person knowingly makes physical contact with another individual that is insulting, provoking, or causes bodily harm. Even minimal contact—such as a shove or grab—can be considered battery if it is unwanted and intentional.
Is battery a misdemeanor or a felony?
Simple battery is typically charged as a Class A misdemeanor, the highest-level misdemeanor in Illinois. However, battery can be elevated to aggravated battery (a felony) if certain factors are present, such as serious injury, use of a weapon, or if the alleged victim is a protected person.
Can I be charged with battery if the alleged victim didn’t suffer an injury?
Yes. Physical injury is not required for a battery charge. Contact that is considered insulting or provoking—such as pushing, spitting, or grabbing—can be enough for prosecutors to file a battery case.
What are the penalties for a misdemeanor battery conviction?
A Class A misdemeanor battery conviction can carry up to 364 days in jail, up to $2,500 in fines, probation, mandatory anger management classes, community service, and a permanent criminal record that may not be expunged.
Can battery be expunged or sealed?
A conviction for battery cannot be expunged. Sealing may be possible only under specific circumstances and generally not for violent offenses. If the charge is dismissed, supervision is completed, or the defendant is found not guilty, the record may be eligible for expungement. This makes an effective defense strategy critically important.
What is the difference between battery and aggravated battery?
Battery becomes aggravated battery when certain factors elevate the seriousness of the offense, such as causing great bodily harm, using a deadly weapon, or committing the battery against individuals such as police officers, teachers, seniors, or children. Aggravated battery is always a felony and carries significantly harsher penalties.
Can a battery charge be reduced or dismissed?
Yes. Many battery cases rely on conflicting stories, unreliable witnesses, or minimal evidence. A defense attorney may be able to challenge the credibility of the allegations, negotiate a reduction to a lesser offense, or obtain dismissal through pretrial motions or negotiation.
What if I acted in self-defense?
Self-defense is a legitimate and often powerful defense to battery. If you reasonably believed force was necessary to protect yourself or someone else from harm, your attorney can use that to fight the charge or have it dismissed.
Do I need to appear in court for a battery charge?
Yes. Battery is a criminal offense and requires a court appearance. Depending on the stage of the case, your attorney may be able to appear on your behalf for certain procedural hearings, but defendants typically must be present for key court dates.
How can an attorney help with a battery charge?
A skilled attorney can analyze the evidence, interview witnesses, uncover weaknesses in the prosecution’s case, present mitigating factors, challenge inconsistent statements, file motions to suppress evidence, negotiate with prosecutors, and represent you at trial. Experienced legal representation greatly improves your chances of a favorable outcome.
Protect Your Future — Call Chicago Battery Attorney Andrew M. Weisberg Today
Battery and aggravated battery charges carry serious consequences that can follow you for life. With prosecutors cracking down harder than ever, you need an attorney who knows how to protect your rights and fight for your freedom.
Call (773) 908-9811 today for a free, confidential consultation, or fill out the Case Review Form on this website.
Attorney Andrew M. Weisberg is available 24/7 to discuss your case, explain your options, and begin building the defense you deserve.
