Legal Question in Criminal Law in Illinois

battery charge while in college

My son is very distraught over a friend's situation - 2 years ago while back in college during a night of drunken stupidness, one friend hit another in the face, causing extensive damage, resulting in surgery to put a metal plate in his face. The young man who hit the other went on to graduate and is now a teacher. He has no record whatsoever, and has never been in trouble before or after this incident. The family of the young man that was injured is seeking a felony charge against the other. Court is soon, and my son's friend said that his lawyer is suggesting that he take a deal and go to jail for 60 days. This young man will lose his teaching job if he does this. He has never even had a traffic ticket and both young men were drunk at the time of the incident. How can this lawyer suggest such a deal? Should he get a new attorney? Can he, as the defendant ask for a continuance next week so that he can hire different council? My son was supposed to go to court as a character witness, but now the young man may take the deal, which I think is insane. Wouldn't it be better to go to court and take his chances? He is a very fine young man. Our family is sick over this situation. Please offer some advice ASAP.


Asked on 4/01/07, 9:05 am

2 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: battery charge while in college

Everyone has a right to a trial, but I don't see a defense to this. Perhaps "mutual combat" could be argued, and that he never intended to cause great bodily harm. It's tricky, and he could be convicted anyway. If he should choose to hire a new attorney, please call me for an appointment.

Read more
Answered on 4/02/07, 1:44 pm
David Shestokas Shestokas, & Associates

Re: battery charge while in college

It sounds as though he may have some defenses, or since the matter was in fact two years ago, the State may be amenable to reducing the charge to a simple battery, which would avoid the felony conviction. There are various alternatives to pleading guilty, and the defendant has an absolute right to the counsel of his choice, and if he does not agree with his current lawyer, it is likely the judge would give him a continuance to obtain new counsel. If that is the decision, feel free to contact our office to discuss the situation.

Read more
Answered on 4/12/07, 2:09 am


Related Questions & Answers

More Criminal Law questions and answers in Illinois