Blog
Illinois Battery and Assault Charges Dismissed
If you’ve been charged with battery or assault in Illinois, having those charges dismissed is a huge relief. But what happens next? Just because the charges were dropped doesn‘t mean your legal troubles are over. There are still some important steps you need to take to fully put this behind you and move on with your life.As experienced criminal defense attorneys, we’ve helped countless clients navigate the complex legal system after having battery or assault charges dismissed in Illinois. In this comprehensive guide, we’ll walk you through everything you need to know and do to protect your rights and your future. Let‘s dive in.Understanding Battery and Assault Charges in IllinoisFirst, it‘s important to understand exactly what battery and assault mean under Illinois law. Battery is defined as causing bodily harm to another person or making physical contact of an insulting or provoking nature. Assault is conduct that places another person in reasonable apprehension of receiving a battery.Both battery and assault can be charged as misdemeanors or felonies in Illinois, depending on the severity of the offense and other aggravating factors like the use of a weapon or the age of the victim. A conviction can result in jail time, hefty fines, and a criminal record that follows you for life.Common reasons battery or assault charges may be dismissed include:
- Lack of evidence
- Witness credibility issues
- Violation of your constitutional rights by law enforcement
- Successful completion of a diversion program
- Reaching a plea agreement with the prosecution
While it’s a huge relief to have your charges dropped, the ordeal isn’t quite over yet. You still have some work to do to clear your name and record. Here are the key steps to take:
Obtain Official Documentation
Your first priority should be to get official court documentation showing that your battery or assault charges were in fact dismissed. This could be a court order, a letter from the prosecutor‘s office, or a certified copy of the dismissal from the clerk of court.Having this paperwork is crucial for your records and to prove the dismissal to any third parties like employers or landlords who may inquire about your criminal history in the future. Make sure to keep the dismissal documentation in a safe place.
Petition for Expungement
In Illinois, you may be eligible to have your arrest and court records expunged after a battery or assault charge dismissal. Expungement is the process of erasing or sealing your criminal record as if the arrest and charges never happened.To get an expungement, you‘ll need to file a petition with the court in the county where you were charged. The petition must include:
- Your name and contact information
- Case number of the dismissed charges
- Date of arrest
- Law enforcement agency that arrested you
- Reasons why you’re seeking expungement
There is a filing fee to request expungement, but it may be waived if you can‘t afford it. Once your petition is filed, the court will set a hearing date and notify the prosecutor’s office and arresting agency.Those parties have a right to object to your expungement request. If there’s an objection, the court will hold a hearing to consider the merits of your petition. You have a right to present your case for expungement at this hearing.If your expungement is granted, the court will order the records sealed or destroyed by the relevant agencies. The whole process can take several months from start to finish, but it’s well worth it to have a clean slate.
Seek a Certificate of Innocence
Another option to clear your record is to seek a certificate of innocence from the court. This document legally declares that you were innocent of the battery or assault charges brought against you.To get a certificate of innocence, you must prove by a preponderance of the evidence that:
- You were arrested and charged with battery or assault
- The charges were dismissed or you were found not guilty at trial
- You did not bring about the charges through your own misconduct
If you meet these criteria, you can petition the court for a certificate of innocence at any time. Like with expungement, the prosecutor has a right to object and the court will hold a hearing on your petition.Obtaining a certificate of innocence entitles you to have your arrest records destroyed and to seek compensation from the state for any time you spent in custody on the dismissed charges.
Address Employment Concerns
One of the biggest lingering effects of a battery or assault charge, even after dismissal, is the impact on your employment prospects. Many employers run criminal background checks on job applicants and may hold a prior arrest against you.If you‘re applying for jobs, it’s best to be upfront about the dismissed charges. Explain the situation honestly and provide court documentation of the dismissal. Emphasize that you were not convicted of any crime.If an employer denies you a job because of the dismissed charges, they may be violating Illinois law. The Illinois Human Rights Act prohibits employment discrimination based on an arrest record. You can file a complaint with the Illinois Department of Human Rights if you believe you were wrongfully denied employment.For current employees, a battery or assault charge dismissal should have no impact on your job status. It’s illegal for your employer to discipline or terminate you based solely on a dismissed charge. If they do take adverse action, you may have grounds for a wrongful termination claim.
Handle Housing Issues
Much like employers, landlords and housing providers often conduct criminal history checks on rental applicants. A prior battery or assault charge could potentially lead to a denial of housing.However, the Illinois Human Rights Act also prohibits housing discrimination based on an arrest record. If a landlord denies your rental application because of a dismissed charge, they may be breaking the law.Provide any potential landlords with official documentation of the dismissal and explain the circumstances. If you’re wrongfully denied housing, you can file a discrimination complaint with the Illinois Department of Human Rights.
Restore Your Reputation
Even though you weren’t convicted, the mere allegation of a violent crime like battery or assault can do serious damage to your reputation in the community. Friends, neighbors, or colleagues may view you differently after learning of your arrest.Take proactive steps to restore your good name:
- Reach out to people individually to explain the situation and the dismissal
- Provide court paperwork as proof that the charges were dropped
- Ask for letters of support from employers, clergy, or community leaders
- Engage in volunteer work or other positive community activities
- Consider working with a reputation management firm to repair your online presence
It will take time and effort to fully vindicate yourself in the eyes of others, but it‘s an important part of moving past this experience.
Pursue Civil Remedies
In some cases, you may have grounds to file a civil lawsuit for damages related to your battery or assault charge and arrest. Potential claims include:
- Malicious prosecution: If the charges were brought against you without probable cause and with malice
- False arrest: If you were arrested without proper legal authority
- Violation of civil rights: If your constitutional rights were violated by law enforcement
A civil lawsuit allows you to seek monetary compensation for any damages suffered, such as legal fees, lost wages, or emotional distress. You may also be entitled to punitive damages meant to punish egregious conduct.Consult with an experienced civil rights attorney to discuss your options and the viability of a lawsuit. There are strict deadlines to file these types of claims, so don‘t delay in getting legal advice.