Am I looking at jail time?

Asked over 1 year ago - Chicago, IL

I recently took a cab home from a friends wgen I was intoxicated. When I got home the cab driver tried to charge me $50 which is usually a $25 trip. I told the guy I was not going to pay him $50 and that I would pay $30. During which he tried to fight me outside. I dont think i ever even punched him or anything and more was trying to get away from him. He called the cops and when the cops came I got arrested and charged with battery and retail theft. I am really worried I am going to face serious jail time. Is this something I can fight? How much jail timr am I looking at?

Attorney answers (7)

  1. Joshua Sachs

    Contributor Level 19

    4

    Lawyers agree

    Answered . You might or might not get jail time if you are convicted. But over the long run, having a criminal conviction on your record could do you a lot more harm than whatever jail time the judge might give you. A conviction in Illinois cannot be expunged, and a conviction for battery cannot be sealed, either. I suggest that you retain an attorney and see if you can possibly bring this case to an end in some way that will not leave you with a conviction. Good luck.

  2. Raymond George Wigell

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Potential sentences are dependent on whether the charges misdemeanors or felonies. If misdemeanors then the maximum sentence is 364 days in county jail. If the battery was charged as a felony then the potential sentences include probation or a minimum of 1 year in state prison.

    You should consult with an experienced criminal defense attorney to consider defending you.

    From the brief description you provided in your inquiry several theories of defense seem to be indicated.

    Of course, every answer is based on the question asked and requires a more complete context. This answer should... more
  3. Judy A. Goldstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . You should consult with one or more criminal defense attorneys and hire the one you like the best. A good lawyer should be able to help you minimize the damage. The disposition of your case will depend upon a number of factors that you and your lawyer will discuss. It appears that you have a number of defenses.

  4. David Scott Olshansky

    Contributor Level 12

    2

    Lawyers agree

    Answered . To give proper advice we would need much more information. Where are you going to court? The charge was probably not Retail theft, but Theft of Services (a misdemeanor). The Battery charge could be a misdemeanor or felony, depending on some specific circumstances we would need to know. Do you have any criminal history? Answering those questions will help us to determine possible outcomes.

    Most lawyers offer free consultations. Call one.

  5. Michael R Crosner

    Contributor Level 20

    3

    Lawyers agree

    Answered . you didn't mention the severity of injuries, if any. to the cab driver & other important facts. You should immediately consult with an IL criminal attorney - many offer free consultations. Do not post any additional facts on this or any other public website. Contact an attorney ASAP.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  6. Melissa I. Smejkal

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Jail is not likely. Do you have court at Belmont and Western?

  7. Daniel G. Galivan

    Contributor Level 17

    1

    Lawyer agrees

    Answered . You are fortunate you were not charged with aggravated battery and/or attempted robbery. If you are facing simple battery and theft of services (more likely than retail theft) your possible penalties include up to one year in jail. Be advised, however, that the state's attorney can decide to upgrade these to felony charges prior to trial. Even if they do not, you'll want to avoid conviction on the misdemenaors as they will follow you for life. Hire an experienced criminal defense attorney. Most of us provide free consultations. www.galivanlaw.net

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