If you've been arrested and charged for aggravated battery in Illinois, an experienced attorney can explore your options and help you fight a conviction. The legal professionals at Dolci & Weiland have the expertise and experience to fiercely defend your charges. We believe the key to success is to answer any questions you have about your charges and to make ourselves available to you anytime you need us.
What is Illinois Aggravated Battery?
Aggravated battery is essentially simple battery with aggravated factors. Simple battery is defined as the infliction of unwanted, provoking, or insulting physical contact upon another person (720 ILCS 5/12-3).
There are a number of aggravating factors that could elevate a simple battery charge to aggravated battery, involving the way in which you allegedly harmed the victim, the location where the alleged battery took place, or the person's status in society. Illinois statute 720 ILCS 5/12-4 states explicitly states that if any of the following aggravating factors exist, it may lead to an aggravated battery charge:
- Use of a deadly weapon
- Intentionally or knowingly causing great bodily harm, or permanent disability or disfigurement
- An attempt to conceal your identity (being hooded or masked)
- The alleged victim is a teacher or other person employed in any school and was on school property during the incident
- The alleged victim is a community policing volunteer
- The alleged victim is an emergency medical technician
- The alleged victim is on a publicly or privately owned sports or entertainment arena, stadium, community or convention hall the day of an event
- The alleged victim is 60 years of age or older
- The alleged victim is or was pregnant when the battery occurred
- The alleged victim is physically handicapped
- The alleged victim is a judge etc.
Penalties for Aggravated Battery in Illinois
Aggravated battery is charged as a felony. The degree of the felony depends on the nature of the crime.
If the use of a deadly weapon is the aggravating factor, aggravated battery is a Class X felony which is punishable by 6 to 30 years in prison and fines of up to $25,000.
- If the alleged victim was apart of law enforcement, a school teacher, or an emergency services worker, the minimum prison sentence increases to 15 years.
If injuries are the aggravating factor, this means you either caused great bodily harm to another person or you disfigured them. Aggravated battery in this circumstance is charged as a Class 3 felony, carrying a punishment of a 2 to 5 year prison sentence and a fine of up to $25,000.
- If the victim was a police officer exercising his or her duties, this crime is charged as a Class 1 felony, punishable by 4 to 15 years in prison and up to $25,000 in fines.
- If the victim was over the age of 60 years old in this circumstance, the offense becomes a Class 2 felony. It carries penalties of 3 to 7 years of imprisonment and up to $25,000 in fines.
And if the location of the alleged offense is the aggravating factor, the criminal offense will be charged as a Class 3 felony.
It's important to note that the repercussions associated with aggravated battery will follow you after you complete your sentence. A conviction of this crime means that you'll have a felony on your record, and it will remain there indefinitely until you get it expunged. A felony conviction will have a detrimental impact on your life, and can ultimately affect your ability to find a job, find a place to live, and even further your education. The most effective way to avoid this reality is to seek the help of an experienced criminal defense attorney who can fight this conviction.
Potential Defenses for Aggravated Battery
An Illinois criminal defense attorney has adequate knowledge and experience to utilize certain defenses in an effort to reduce your sentence. And in some cases, an attorney can present a legal defense that may be so damaging that it leads to your charges being dropped altogether. A few defenses that could be potentially applied to your case include:
- You were acting in self defense.
- You did not know your action would result in great bodily harm, disability or disfigurement.
Charged with Aggravated Battery in Illinois? We Can Help
There is so much at stake for people charged with aggravated battery in Illinois. If you are in this situation, it's imperative you secure legal representation as soon as possible. You shouldn't defend yourself in any circumstances, let alone with charges as serious as these. And with the legal team at Dolci & Weiland in your corner, you won't have to.
In criminal cases, timing is everything. It is best to obtain an attorney as soon as you are informed of your charges. To speak with a member of our team, fill out an online case evaluation form or give us a ring at the offices closest to you today. The number for our downtown Chicago location is 312-238-9007, for our DuPage office, call 630-261-9098.