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What Constitutes Aggravated Battery in Illinois?

When you are facing criminal charges, it’s essential to understand the charges you’re facing. Unfortunately, these can be anxiety-inducing for many, as the charges you can expect can carry intense penalties. Many are unfamiliar with the differences between battery and aggravated battery, causing them to take these charges less seriously. If you or a loved one is facing aggravated battery charges, understanding what warrants these crimes and the consequences you can face is essential. The following blog explores what you must know about these circumstances and how a Peoria violent crime lawyer can help you with these complex matters.

What Is Aggravated Battery?

In Illinois, the law defines battery as causing bodily harm to an individual or making physical contact in a provoking or insulting nature. As such, this means that a physical attack in which someone is punched or something seemingly as simple as pushing someone in the shoulder can constitute battery, as this is considered a “provoking or insulting” offense.

However, when there are aggravating factors or circumstances surrounding an offense present, these can increase the crime’s severity. As such, you can face an aggravated battery charge. In Illinois, there are many factors that can aggravate a situation, which include, but are not limited to, the following:

  • Causing great bodily harm, disfigurement, or permanent disability
  • Whether or not the defendant used strangulation during the act
  • If the victim is a senior citizen, disabled, pregnant, or other specific individuals engaged in their job duties, like nurses, transit employees, and teachers
  • Whether or not a firearm was discharged during the act
  • Where the battery took place (places of worship, public property, sports venues, etc.)
  • If the defendant attempted to conceal their identity via a hood or mask

What Consequences Can I Face for This Offense?

If charged with aggravated battery, the penalties you can expect for this crime can be intense. In Illinois, the type of aggravating factor that raises the severity of the battery charge plays a role in determining the penalties you face. Regardless, the crime will always be charged as a felony.

In the event that a deadly weapon is used, you face a Class X felony, including six to thirty years in prison. If the weapon is used against a teacher or first responder, you will expect a minimum of fifteen years in prison.

When the injuries sustained are the aggravating factor that raises your battery offense, you will generally face a Class 3 felony. As such, you will face three to five years in prison and a fine of up to $25,000. If you caused bodily harm to a police officer while they were performing their job duties, this raises to a Class 1 felony, with a minimum of four years in prison. If the victim is over 60 years old, this is a Class 2 felony with three years behind bars.

As you can see, the consequences you can face for these charges should not be taken lightly. You may find yourself charged with aggravated battery when you were acting in self-defense or did not intend to cause serious bodily harm. That’s why it’s in your best interest to contact an attorney from Giraudo Law as soon as possible to discuss the details of your circumstances.

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