What is Aggravated Battery in Illinois?
Aggravated Battery – 720 ILCS 5/12-3.05 (effective 2014) Conduct that otherwise constitutes a simple battery can be enhanced to aggravated battery if any of the enumerated conditions exist:
- the seriousness of the injury,
- the location of the battery such as on a public way or certain public places,
- the status of the victim which includes but is not limited to those classes of persons listed above under aggravated assault plus children, intellectually challenged persons, taxi drivers, merchants, nurses, service processors and others, the use of a firearm, deadly weapon or other device such as a laser gun-sight or other laser device attached to a firearm or it can be based upon certain conduct like wearing a hood or otherwise concealing your identity, delivering a controlled substance if any user suffers serious bodily harm, poisoning someone or video or audio recording a battery with the intent of publicizing/publishing it.
Aggravated battery is a serious offense and is not something one should take lightly as its a felony punishable by, often times, significant jail time. The criminal attorneys at Motta & Motta are extremely knowledgeable about Illinois aggravated battery laws and the available defenses. Call our experienced aggravated battery lawyers today to discuss the specifics of your case at length and to determine what defenses may be available in your case.
What is the Penalty for Aggravated Battery in Illinois?
Pursuant to Illinois law, aggravated battery is a generally a Class 3 felony punishable by a term of imprisonment of not less than 2 years but no more than 5 years and fines. However, aggravated battery can range from a class 2 or Class 1 felony to a class X felony depending on which of the specified enhancing conditions is relevant to your case.
The potential sentence for aggravated battery depends on the defendant’s prior criminal record and the specific facts of the case as well as the version of the applicable statute in effect at the time of the offense. However, generally if you are charged with aggravated battery and the State has classified the offense as a Class 2 felony or higher, the possible sentences of imprisonment can range from 3-7 years all the way up to 60 years. Again, any potential sentence is extremely fact specific and varies depending upon the defendant’s prior criminal history and the portion of the statute under which the charges are brought.
Therefore, it is extremely important that you speak to an experienced and knowledgeable attorney so that you can best determine your sentence possibilities- worst and best case scenario.