Chicago Assault & Battery Lawyer Michael Rosenblat
Recent Cases:
People v. NR (Cook County 2006)
Defendant was charged with aggravated battery to a police officer. Specifically, the indictment alleged that Defendant knowingly caused bodily harm to the police officer by dragging the police officer with his vehicle. Mr. Rosenblat represents Defendant who elected a jury trial. The jury returned a verdict of not guilty.
People v. KM (Cook County 2006)
Defendant was charged with aggravated battery to a police officer. The Defendant who is a beatboxer (vocal percussionists, rap/hip hop) was in Chicago on business and was charged with striking a police officer in the face. Defendant is a three-time consecutive winner on Showtime At The Apollo. Defendant was being held in Cook County Jail on a no bond warrant. Mr. Rosenblat represented KM and appeared in court four times within 30 days on defendant’s behalf, had the case set for trial, and conducted a bench trial in which KM was found not guilty of aggravated battery to a police officer, a felony, but guilty of misdemeanor resisting arrest and released that afternoon.
How can a Criminal Defense Attorney help?
Battery and assault cases are often contested and require an attorney who is an experienced trial attorney and who is committed to defending the case through trial. Mr. Rosenblat has and will professional and aggressively represent a client charged with an assault or battery.
Crimes Against Persons – Assault and Battery
Crimes against persons include murder, kidnapping, sex crimes, child pornography, and battery. These are all serious offenses, and the prosecution of these crimes and the punishment imposed, if found guilty are taken seriously by the prosecutors and the judiciary.
Assault and Battery
Assault
Sec. 12-1. Assault. (a) A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.
Battery
Sec. 12-3. Battery. (a) A person commits battery if he intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.
Domestic Battery
Sec. 12-3.2. Domestic Battery. (a) A person commits domestic battery if he intentionally or knowingly without legal justification by any means:
(1) Causes bodily harm to any family or household member as defined in subsection (3) of Section 112A-3 of the Code of Criminal Procedure of 1963, as amended;
(2) Makes physical contact of an insulting or provoking nature with any family or household member as defined in subsection (3) of Section 112A-3 of the Code of Criminal Procedure of 1963, as amended.
Aggravated Battery
Sec. 12-4. Aggravated Battery. (a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated battery if he or she:
(1) Uses a deadly weapon other than by the discharge of a firearm;
(2) Is hooded, robed or masked, in such manner as to conceal his identity;
(3) Knows the individual harmed to be a teacher or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;
(4) Knows the individual harmed to be a community policing volunteer while such volunteer is engaged in the execution of any official duties, or to prevent the volunteer from performing official duties, or in retaliation for the volunteer performing official duties, and the battery is committed other than by the discharge of a firearm;
(5) Knows the individual harmed to be an emergency medical technician -- ambulance, emergency medical technician -- intermediate, emergency medical technician -- paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician -- ambulance, emergency medical technician -- intermediate, emergency medical technician -- paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties;
(6) Is, or the person battered is, on or about a public way, public property or public place of accommodation or amusement;
(6.5) Is, or the person battered is, on a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24-hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)-sanctioned sporting event, United States Olympic Committee-sanctioned sporting event, or International Olympic Committee-sanctioned sporting event is taking place in this venue;
(7) Knows the individual harmed to be the driver, operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location;
(8) Knows the individual harmed to be an individual of 60 years of age or older;
(9) Knows the individual harmed is pregnant;
(10) Knows the individual harmed to be a judge whom the person intended to harm as a result of the judge's performance of his or her official duties as a judge;
(11) Knows the individual harmed to be a person who is physically handicapped;
(12) Knowingly and without legal justification and by any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16A-5 of this Code. In this item (12), "merchant" has the meaning ascribed to it in Section 16A-2.4 of this Code;
(13) Is, or the person battered is, in any building or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence pursuant to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or the person battered is within 500 feet of such a building or other structure while going to or from such a building or other structure. "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act;
(14) (As added by P.A. 94-243) Knows the individual harmed to be an emergency management worker engaged in the performance of any of his or her official duties, or to prevent the emergency management worker from performing official duties, or in retaliation for the emergency management worker performing official duties.
(15) (As added by P.A. 94-333) Knows the individual harmed to be an officer or employee of the State of Illinois, a unit of local government, or school district engaged in the performance of his or her authorized duties as such officer or employee.
For the purpose of paragraph (14) of subsection (b) of this Section, a physically handicapped person is a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder or congenital condition.
|
