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aggravated battery of a child 

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CHICAGO CRIMINAL DEFENSE LAWYER

There are two Illinois laws that deal with the aggravated battery of a child. The first, 720 ILCS 5/12-3.05(b), deals with children under the age of 13 years, and the other, 720 ILCS 5/12-3.1(a-5), deals with the aggravated battery of an unborn child.


Battery of a Child under the age of 13

There are two Illinois laws that deal with the aggravated battery of a child. The first, 720 ILCS 5/12-3.05(b), deals with children under the age of 13 years, and the other, 720 ILCS 5/12-3.1(a-5), deals with the aggravated battery of an unborn child.


When you contact a Chicago defense lawyer, we will explain how an aggravated battery charge typically requires that one person causes great bodily harm to another person. However, when the victim is a child, bodily harm, a much lesser degree of injuries is sufficient to sustain the charge of aggravated battery of a child. 


Unborn Child

Aggravated battery of an unborn child occurs when a person commits a battery of an unborn child, and in so doing, he or she knowingly causes great bodily harm or permanent disability or disfigurement to the unborn child. 720 ILCS 5/12-3.1(a-5).


Under this law, the state of Illinois seeks to protect a child from feralization until birth. If a person commits a battery on a pregnant woman, they would not be charged under this law. That charge would be under a different classification. Additionally, a pregnant woman cannot be charged under this statute for battery or aggravated battery against her unborn child. 720 ILCS 5/12-3.1(b)(2). The law also does not apply to medical procedures used for diagnostic testing or therapeutic treatment, or to acts committed during a legal abortion under the Illinois Abortion Law to which a woman has consented. 720 ILCS 5/12-3.1(d).


Penalties for Aggravated Battery of a Child

Aggravated battery of a child under the age of 13 is considered a class X felony in Illinois, which could carry with it between 6 and 30 years in prison. If the person who is accused of committing aggravated batter of a child is one of the following:

  • was armed with a gun while committing the crime, 15 years can be added to the sentence imposed by the court;
  • personally discharged the gun, 20 years must be added to the sentence; or
  • personally discharged the gun and proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years to life imprisonment must be added to the sentence.

If the charge is aggravated battery to an unborn person, this will be considered a class 2 felony which could carry a prison sentence between 3 to 7 years, and a potential penalty enhancement of up to 14 years.  Class 2 felony is eligible for 4 years probation and up to $25,000 fine. 


Chicago Defense Lawyer

One of the most serious crimes a person can be charged with in Illinois is aggravated battery of a child.If a person is charged with aggravated battery of a child, it is imperative that they hire experienced criminal defense attorney to represent them. Contact Chicago Defense Attorney Sam A. Odeh for a consultation on your case. 

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