Get Chicago Battery Attorney Andrew M. Weisberg on Your Side
A moment of lost temper. A shove in a heated argument. A misunderstanding that escalates into criminal charges. Whatever the circumstances, you now find yourself facing a battery charge in Illinois, and the consequences could be more serious than ever.
Under 720 ILCS 5/12-3, battery is legally defined as causing bodily harm to another person or making physical contact of an insulting or provoking nature without justification. In most cases, battery is a Class A misdemeanor, carrying up to 364 days in jail and fines of up to $2,500. However, if the alleged incident caused serious injury or involved certain aggravating factors, the charge could be elevated to aggravated battery, a felony offense with much harsher penalties.
Tougher Prosecution of Battery Cases Under the New Cook County State’s Attorney
In December 2024, a new Cook County State’s Attorney took office, reversing many of the leniency policies of the previous administration. The shift in prosecution has led to:
- More battery cases being charged as felonies instead of misdemeanors, especially when the alleged victim claims injuries.
- Harsher plea offers, with fewer opportunities for deferred prosecution or alternative sentencing.
- Increased focus on securing convictions, with prosecutors encouraged to push for jail or prison time, even for first-time offenders.
- Stronger opposition to pretrial release, leading to more people being held in custody while awaiting trial.
Under the prior administration, prosecutors were more likely to reduce battery charges to lesser offenses, offer probation, or allow cases to be resolved without a conviction. However, under the current policies, battery cases are being prosecuted more aggressively, making it crucial to have a top Chicago criminal defense lawyer like Andrew M. Weisberg fighting for you from the start.
What You Need to Know About Battery Charges in Illinois
Many people assume battery requires direct physical contact, but Illinois law considers any action that causes bodily harm—even without direct contact—as potential battery. Examples include:
- Spitting on someone
- Throwing liquid, such as a drink, at another person
- Intentionally pushing or tripping someone, leading to injury
Examples of battery involving physical contact include:
- Punching or slapping another person
- Hitting someone with an object, such as a bottle or bat
- Grabbing someone aggressively, including by their clothes or hair
- Pushing someone against a wall or down stairs
Certain aggravating factors can elevate battery to aggravated battery (720 ILCS 5/12-3.05), a felony offense. Aggravated battery applies when:
- The alleged victim is a police officer, teacher, healthcare worker, or other protected individual
- The act results in great bodily harm, disfigurement, or permanent disability
- A deadly weapon was involved
- The alleged victim was restrained, elderly, or disabled
Additionally, you may face an assault charge (720 ILCS 5/12-1) if the prosecution claims you made threats that put someone in fear of imminent harm.
With harsher prosecution under the new State’s Attorney, it is more important than ever to work with an experienced criminal defense lawyer who knows how to fight these charges. Andrew M. Weisberg has extensive experience both as a prosecutor and a defense attorney, giving him the insider knowledge needed to build the strongest defense possible.
How Andrew M. Weisberg Can Build a Strong Defense
A battery charge is not a conviction—you still have legal options. Andrew M. Weisberg understands that many people are wrongfully accused, involved in self-defense situations, or facing exaggerated claims. The prosecution must prove its case beyond a reasonable doubt, and Andrew will examine every piece of evidence to challenge their claims.
Some common defenses include:
- Self-defense or defense of others – If you were protecting yourself or someone else from harm
- Lack of intent – If the alleged act was accidental and not intentional
- False allegations – If the accuser is exaggerating or lying about what happened
- Insufficient evidence – If the prosecution lacks solid proof to support the charges
- Violation of your rights – If law enforcement obtained evidence unlawfully
With prosecutors taking a harder stance on battery cases, it is critical to have a defense lawyer who will push back aggressively on your behalf. Andrew M. Weisberg knows how prosecutors think, and he will use his background as a former Cook County prosecutor to challenge their case and fight for the best possible outcome.
Why Andrew M. Weisberg is the Right Defense Lawyer for You
The new policies in Cook County mean that even minor battery cases could now carry life-altering consequences. More defendants are facing felony charges, harsher sentences, and fewer chances for reduced charges or probation. That makes it essential to have an experienced criminal defense attorney advocating for you from the very start.
Andrew M. Weisberg has:
- Years of experience as both a Cook County prosecutor and a defense attorney
- A deep understanding of how battery cases are prosecuted under the new administration
- A reputation for aggressively defending his clients and securing the best possible outcomes
- A commitment to keeping clients informed and involved in their defense every step of the way
Unlike many attorneys who pass off cases to junior associates, Andrew personally handles every case himself, ensuring that you get the highest level of legal representation from day one.
Call Chicago Battery Attorney Andrew M. Weisberg Today
With Cook County prosecutors cracking down on violent crimes, including battery, you cannot afford to go without a strong legal defense.
Call Andrew M. Weisberg today for a free consultation at (773) 908-9811, or fill out the Case Review form on our website. Andrew is available 24/7 to help you navigate this difficult time and fight for the best possible outcome in your case.
