The controlling Illinois Statute is 720 ILCS 5/12-4(a) which provides in part:
“A person commits aggravated battery when, in committing a battery:
- Use of a deadly weapon
- Are hooded, robed or masked, in such manner as to conceal their identity
- Know the individual harmed to be a teacher or other person employed in any school and such teacher or other employee is on school property
- Know the individual harmed to be a community policing volunteer while such volunteer is engaged in the execution of any official duties, or to prevent the volunteer from performing official duties, or in retaliation for the volunteer performing official duties, and the battery is committed other than by the discharge of a firearm;
- Know the individual harmed to be an emergency medical technician who is at work
- Is, or the person battered is, on or about a public way, public property or public place of accommodation or amusement
- Is, or the person battered is, on a publicly or privately owned sports or entertainment arena, stadium, community or convention hall the day of an event
- Know the individual harmed to be the driver or passenger of public transportation
- Know the individual harmed to be an individual of 60 years of age or older
- Know the individual harmed is pregnant
- Knows the individual harmed to be a judge whom the person intended to harm as a result of the judge’s performance of his or her official duties as a judge
- Knows the individual harmed to be a person who is physically handicapped
- Causes bodily harm to a merchant who detains the person for an alleged commission of retail theft
- Is, or the person battered is, in any building used as a domestic violence shelter
- Knows the individual harmed to be an officer or employee of the State of Illinois
- Knows the individual harmed to be an emergency management worker engaged in the performance of any of his or her official duties
- Knows the individual harmed to be a private security officer who is at work
- Knows the individual harmed to be a taxi driver and the battery is committed while the taxi driver is on duty
- Knows the individual harmed to be a utility worker who is on duty.
PENALTIES FOR AGGRAVATED BATTERY IN ILLINOIS
Aggravated battery in Illinois is a Class 3 felony if the alleged victim is not a police officer, firefighter, or correctional officer. A Class 3 felony is punishable by 1 to 3 years in the Illinois Department of Corrections; up to 30 months probation or conditional discharge; and/or fines up to $25,000.00.
Aggravated battery in Illinois is a Class 2 felony if the alleged victim is a police officer, a firefighter, or correctional officer. A Class 2 felony is punishable by 2 to 5 years in the Illinois Department of Corrections; up to 48 months probation or conditional discharge and/or up to a $25,000.00 fine.
Aggravated battery in Illinois is a Class 1 felony if the alleged victim is a police officer, firefighter, or correctional officer and suffers great bodily harm or permanent disfigurement. A Class 2 Felony is punishable by 2 to 5 years in the Illinois Department of Corrections; up to 48 months probation or conditional discharge; and/or up to a $25,000.00 fine.
CONTACT DEFENSE ATTORNEY DAVID W. LAWLER
The State of Illinois treats all aggravated battery offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.
The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.
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