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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 41221
Experience:  I provide general practice and mediation & arbitration services to my clients.
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I was drunk and punched someone randomly. That person turned

Resolved Question:

I was drunk and punched someone randomly. That person turned out to be an off duty police officer. I was charged with simple battery. Can my drunken state be used as a pretext?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 7 years ago.
Unfortunately no. Simple battery requires at least a "recklessness" component, which cannot be negated by drunken behavior. I am sorry.

Sincerely,

Dimitry Alexander Kaplun, Esq.


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Customer: replied 7 years ago.
Ok, so I dont have a previous record and I work and am a college student. What type of punishment can I be looking at if the officer shows up on court date to make sure the charges go through?
Expert:  Dimitry Esquire replied 7 years ago.
This happened in illinois, correct?
Customer: replied 7 years ago.
Yes sir.
Customer: replied 7 years ago.
Chicago, Illinois.
Expert:  Dimitry Esquire replied 7 years ago.
This is the crime that you are charged with:

(720 ILCS 5/12-3) (from Ch. 38, par. 12-3)
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.
(b) Sentence.
Battery is a Class A misdemeanor.
(Source: P. A. 77-2638.)

A class "A" misdemeanor can net you up to 1 year in jail and up to a $2,500 fine. For a first-time offender that is extremely unlikely, but I would suggest you contact an attorney who can assist you in this matter.

Sincerely,

Dimitry Alexander Kaplun, Esq.


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