After not attending most sporting events for a year, fans and football players alike are thrilled for football season this year. However, football fans and players alike can get too excited after drinking some beer and relaxing during the game. Brawls between fans often start in the parking lot, during tailgating, or in the stands. They typically start as a verbal altercation and can escalate into a physical fight. Rivalries between football players and others can also result in altercations. In one recent altercation, a football player got into a bar fight and nearly lost his right eye after being involved in a brawl in the bathroom of a sports bar.
He had to undergo a four-hour outpatient surgery to rebuild his eye. Whether you are a football player or a fan, it is essential to know how quickly things can turn from a shouting match into a fistfight. Suppose you have been charged with assault and battery in Illinois. In that case, it is crucial that you discussed your case with a lawyer as soon as possible so your lawyer can begin developing your legal defense strategy and protecting your rights.
Proving Self-Defense
Now, it seems like anytime a fight or altercation breaks out, someone has their cell phone out filming it. Surveillance cameras are everywhere on the street, in stores and in bars. Everything gets filmed. You may assume that it is easy to determine who started the fight and who was defending themselves when an event is recorded. However, that is not always the case. In Illinois, defendants can raise the self-defense claim, stating that they committed a battery to protect their safety or the safety of someone else. Even with video footage, you will need the help of a skilled lawyer to argue self-defense effectively.
There Was No Actual Fear of Battery
Assault and battery are typically used together as one phrase, but they are two distinct offenses. Assault is putting someone in reasonable fear of imminent battery. Battery is the act of touching, striking or hitting someone without their consent. A defendant can face assault charges even if he never touched the alleged victim. The prosecution must prove that the alleged victim was not afraid that the defendant would make physical contact in an offensive way, which is called a battery. If the victim had no reasonable belief that a battery was about to happen, the defendant can typically beat the charge. Perhaps you were joking, or there was no way you were close enough physically to harm the victim.
The Prosecution Cannot Prove Every Element
In Illinois, prosecutors must prove every element of the crime beyond a reasonable doubt. Many sports brawls and football fights are messy. When police officers show up at the scene, many people are drunk and talking at once, and it can be hard to understand what happened. They may just choose the person they think was at fault to arrest without actually possessing enough evidence. An experienced criminal defense lawyer can help you prove that the prosecution does not have enough evidence to prove every element of the crime, resulting in a dismissal or not guilty verdict.
Contact an Illinois Assault Lawyer Today
At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights if you have been wrongfully charged with assault or battery.