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Aggravated Battery in Illinois
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Battery in Illinois is the intentional and wrongful physical contact with a person without his or her consent that entails some injury or offensive touching. Aggravated battery is an unlawful intentional act of violent injury causing disability or disfigurement to someone. Aggravated battery is also battery accompanied by circumstances of aggravation.
What constitutes “circumstances of aggravation”?
The following are aggravating factors:
- Use of a deadly weapon other than the discharge of a firearm
- Being hooded, robed or masked to conceal identity
- Knowing the individual harmed is a teacher or other person employed in any school and that individual is on school grounds
- Knowing the individual harmed is a supervisor, director, instructor or other person employed in any park district and that individual is on the grounds of a school
- Knowing the individual harmed to be a caseworker, investigator, or other person employed by the State Department of Public Aid or a County Department of Public Aid and that individual is on Public Aid office grounds
- Knowing the individual harmed to be a peace officer, a person summoned and directed by a peace officer, or a correctional institutional employee, or a fireman while such officer, employee or fireman is on the job
- Knowing the individual harmed to be medical technician or other first aid personnel on the job
- The incident takes place on or about a public way, public property or public place of accommodation or amusement
- Knowing the individual harmed to be the driver, operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual is on the job or at a boarding, departure, or transfer location
- The individual harmed is 60 years of age or older
- Knowing the individual harmed is pregnant
- Knowing the individual harmed to be a judge whom the person intended to harm as a result of the judge’s performance of his or her official duties as a judge
- Knowing the individual harmed to be an employee of the Illinois Department of Children and Family Services on the job
- The individual harmed is physically handicapped
What is the possible punishment for an aggravated battery conviction?
Aggravated battery is a Class 3 felony with punishment ranging from probation to 2-5 years in prison and fines up to $25,000. However, if the victim is a police officer, the charge can be elevated to Class 2 or Class 1 felony, depending on the circumstances.
What should you do if you are suspected of battery or arrested?
The best thing you can do is say nothing, even if you think you can explain away what happened. Next you should look to hire an attorney who has a lot of experience in the county in which you are charged and can demonstrate legitimate success and experience in defending charges similar to yours. For example, if you were arrested in Chicago for battery, we would likely recommend a Cook County battery attorney who knows the prosecutors and Judges at the court you are assigned to.
Since a conviction for battery will stay on your record forever and could lead to jail time, it is important that you have a fighter in your corner. If you have questions about battery charges in Illinois or want a referral contact us at any time. We don’t promise a result, but we do guarantee that we will never suggest a lawyer that we as attorneys wouldn’t hire ourselves.