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Chicago Aggravated Battery Defense

Under Illinois statute, the crime of aggravated battery is divided into seven categories, arrising out of the commision of a battery. A battery is a crime under Illinois law that is defined as knowingly causing bodily harm to another person, or physically touching another person in a provoking or insulting way. 720 ILCS 5/12-3(a). A potential defendant can increase the charge of a battery to an aggravated battery based on his conduct towrds certain victims or by using a device or a weapon.

A person can be charged with aggravated battery based on the following:

  • Injuries to a child under the age of 13 years, or a severely mentally disabled person, if the person committing crime is at least 18 years old. (720 ILCS 5/12-3.05(b).)

  • Location – Committing a battery in a public street or other public areas such as, entertainment areas, sports arenas, or domestic violence shelters. (720 ILCS 5/12-3.05(c)).
  • Victim status – The commission of a battery, without using a weapon, on a person over the age of 60, a pregnant woman, teachers, certain law enforcement and state employees while they are performing official duties, and some medical personnel. There are additional qualifying groups of people under the law. The person committing the battery has to be aware that the victim satisfies one or more of the listed categories. (720 ILCS 5/12-3.05(d)).
  • Use of a firearm – Discharging a firearm while committing a battery, especially against certain groups of people listed in the statute. (720 ILCS 5/12-3.05(e)).
  • Use of firearms and other devices – Use of firearms, use of hoods and other coverings to conceal identity, shining a light or laser so it touches another person, and recording the battery with the intent to disseminate the recording. (720 ILCS 5/12-3.05(f)).
  • Certain conduct – Forcing or assisting a victim to take controlled substances, and as a result, the victim suffers great bodily harm, or becomes permanently disabled. In addition, forcing, by threats or otherwise, the victim to use controlled substances, or eat poisonous food that causes him or her to be physically injured can lead to a charge of aggravated battery. Finally it is aggravated battery for a prisoner, a sexually violent person or a sexually dangerous person, to throw or toss bodily fluids, such as blood and urine, at correctional employees or employees of the Department of Human Services. (720 ILCS 5/12-3.05(g)).

Penalties for Aggravated Battery in Illinois

In most cases, aggravated batteries are charged in Illinois as class 3 felonies, which could carry a sentence of up to 10 years in prison. Some of the actions by the defendant detailed above could lead to the aggravated battery to be charged as a class 1 or 2 felony, leading to a much longer prison sentence.




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