THE odeh law group
CHICAGO BATTERY DEFENSE LAWYER
A person can commit aggravated battery in Illinois by several different types of conduct. The definition of aggravated battery depends on several factors, including the nature of the victim's injuries or the kind of victims involved. A person may be charged with aggravated battery under these definitions when he or she, in committing a battery, knowingly and intentionally causes great bodily harm, permanent disability or disfigurement to an person who is 60 years of age or older. 720 ILCS 5/12-3.05(d)(1).T his is also known as aggravated battery of a senior citizen. Under 720 ILCS 5/12-3.05(a)(4), under this definetion, the focus is more on the person's injuries rather than age. If facing these charges, it is important to contact Chicago Defense attorney for help as soon as possible.
Burden of Proof
During trial, in addition to proving the injuries to the victim, the prosecution has to prove that the defendant knew that the victim was over 60 years of age at the time of the aggravated battery under 720 ILCS 5/12-3.05(d)(1). See People v. Jasoni, 974 N.E.2d 902, 910 (Ill. App. Ct. 2012). This knowledge is often proved through circumstantial evidence and not always direct evidence. Therefore, a defendant does not have to confess that he or she knew the victim was a senior citizen in order to be convicted. If the senior citizen testifies at trial, the judge or jury hearing the case would have an opportunity to observe his or her appearance and mannerisms. The judge or jury can then use this information to assess whether there was an indication of the senior citizen’s age at the time of the aggravated battery.
If the prosecution cannot prove that a defendant was aware of the victim’s age at the time of the battery, the prosecution may still charge the defendant with another kind of aggravated battery under Illinois law 720 ILCS 5/12-3.05. Depending on which section the prosecution charges under, the penalty may be more or less severe. For example, if the defendant is charged with just aggravated battery causing great bodily harm, if convicted, he faces sentencing for a lesser class 3 felony as opposed to the class 2 felony for aggravated battery of a senior citizen. Additionally, at sentencing for a crime of violence against a senior citizen, the court may use the victim’s age as an aggravating factor, and sentence the defendant more severely.
When a person causes physical injury to a senior citizen, it is also possible for him or her to be charged under several other Illinois laws. These laws include: battery (720 ILCS 5/12-3); Domestic Battery (720 ILCS 5/12-3.2) – if the senior is related to or lives in the same household as the person committing the domestic battery; criminal abuse or neglect of an elderly person (720 ILCS 5/12-4.4a); and abuse and criminal neglect of a long-term care facility resident (720 ILCS 5/12-4.4a).
Chicago Defense Lawyer
If you or someone you know is accused of aggravated Battery of a senior citizen, or another crime in which the victim is a senior citizen, contact Chicago criminal defense attorney, Sam A. Odeh, for a consultation on your case.
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