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Aurora Aggravated Battery Lawyer

About Aggravated Battery – What you should know!

Aggravated Battery is considered a very serious criminal felony offense. There are various ways one can be charged with Aggravated Battery, but all of Aggravated Battery charges are considered "Crimes of Violence". The allegations for this offense, will vary based on the particular facts and circumstances of your case.

If any one of these factors are present in your case, the State Prosecutor can elect to "Enhance" your simple battery charges to aggravated battery.

The applicable Illinois Statute is 720 ILCS 5/12-4 which states in part:

"A person commits aggravated battery when, in committing a battery:

1) Intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement

2) Use of a deadly weapon

3) Are hooded, robed or masked, in such manner as to conceal their identity

4) 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

5) 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;

6) Know the individual harmed to be an emergency medical technician who is at work

7) Is, or the person battered is, on or about a public way, public property or public place of accommodation or amusement

8) 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

9) Know the individual harmed to be the driver or passenger of public transportation

10) Know the individual harmed to be an individual of 60 years of age or older

11) Know the individual harmed is pregnant

12) 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

13) Knows the individual harmed to be a person who is physically handicapped

14) Causes bodily harm to a merchant who detains the person for an alleged commission of retail theft

15) Is, or the person battered is, in any building used as a domestic violence shelter

16) Knows the individual harmed to be an officer or employee of the State of Illinois

17) Knows the individual harmed to be an emergencymanagement worker engaged in the performance of any of his or her official duties

18) Knows the individual harmed to be a private security officer who is at work

19) Knows the individual harmed to be a taxi driver and the battery is committed while the taxi driver is on duty

20) Knows the individual harmed to be a utility worker who is on duty."

As you can see, Illinois Laws regarding aggravated battery offenses are not limited to great bodily harm or use of weapons, but are also designed to protect certain people, professions and locations.

Penalties for Aggravated Battery in Illinois

(1) Aggravated battery 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- 3 years in the Illinois Department of Corrections with a fine of $25,000.00 or both..

(2) Aggravated battery is a Class 2 felony if the alleged victim is a police officer firefighter, or correctional officer. A Class 2 Felony is punishable by 2- 5 years in the Illinois Department of Corrections with a fine of $25,000.00 or both.

(3) Aggravated battery 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- 5 years in the Illinois Department of Corrections with a fine of $25,000.00 or both.

A conviction for Aggravated Battery will result in a permanent felony disposition on your criminal record. In addition, you may also be sentenced to the Illinois Department of Corrections if you are found guilty of Aggravated Battery. Finally, a conviction for Aggravated Battery may cause you to lose your job or will preclude you from other employment opportunities. Therefore, it is absolutely critical that you hire an experienced Aggravated Battery Defense Attorney who can help you beat your case.

Most types of Aggravated Battery are probationable offenses, except for the Aggravated Battery of a "Senior Citizen." In addition to County Jail time, the Presiding Judge in your case may also sentence you to, Anger Management Counseling, Alcohol Counseling, Drug Counseling, and Public Service Work. In some instances, you may also be required to pay restitution for any medical expenses incurred by the alleged victim. Aggravated Battery, is considered a "Crime of Violence" and a conviction can adversely affect you for the rest of your life.

Defenses to Aggravated Battery in Illinois

In order to prepare a defense to Aggravated Battery, an experienced Criminal Defense Attorney will analyze the evidence that the Prosecutor will use to prove their case. There will be certain types of evidence that will determine the strength of the Prosecution's case such as:

  1. Photographs of any injuries.
  2. Photographs of the location where the alleged Aggravated Battery took place.
  3. Written statements of the alleged victim.
  4. Police Reports of the Investigating Officers who arrived on scene.
  5. Medical records if the alleged victim was taken to the hospital.
  6. 911 recordings made at the time of the incident.
  7. Any written or verbal statements made by the accused.
  8. Any witness statements from individuals that are not from the alleged victim.
  9. The Facts and Circumstances leading up to the alleged Aggravated battery.
  10. Availability of complaining witnesses.

In some instances, an experienced Aggravated Battery Defense Attorney may be able to have your charges dismissed or reduced based on a lack of evidence. If trial is the only option, you may be able to assert "Self-defense", "Defense of others" or "Defense of Property", in your Aggravated Battery case. In addition, if the complaining witness is not available to testify or refuses to testify, and is not present in court on the day of trial, your Aggravated Battery case may be dismissed due to a reluctant complaining witness. Finally, the Prosecutor has the ultimate burden of proving your case "Beyond a Reasonable Doubt," and must convince a Judge or a Jury that they have met that burden before you can be found guilty of Aggravated Battery.

Contact an Aurora Aggravated Battery Defense Attorney

Aggravated Battery is a very serious criminal offense, and you should contact an experienced Criminal Defense Attorney immediately. Prosecutors view Aggravated Battery cases as "Crimes of Violence". Crimes of Violence are considered the most serious, because they involve harm to other people, rather than property. A conviction for Aggravated Battery can also carry with it very serious consequences, and can irreparably damage your reputation and employment opportunities. I can provide you with advice on how to address your pending Aggravated Battery case and can provide you with a plan to protect your freedom and your future. I understand the value of your freedom and the importance of your reputation and I will use my knowledge and experience to secure the best possible results in your case.

To contact an Aggravated Battery Defense Attorney at the Law Offices of David Lee, Please call:

(630) 901-8700

The Law Offices of David Lee is available in Kane, Kendall, Dupage and Dekalb Counties

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