Assault and battery are similar crimes that many people lump together and find confusing. Under the laws of the state, however, they are two distinct offenses and may be charged as two separate offenses. In Illinois, assault is defined as “conduct which places another in reasonable apprehension of receiving a battery.” Battery is when someone “intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.” An assault usually doesn’t consist of physical contact or physical injury to the victim; that would be a battery.
Since much of this charge could be considered subjective, having an experienced lawyer who understands the nuances of the charges will improve your chances of a positive outcome.
ILCS Aggravated Battery
Due to the nature of the Illinois Compiled Statutes or ILCS aggravated battery and assault laws, the state can choose to elevate a charge from battery to aggravated battery. This is a much more serious crime. The qualifying factors for aggravated battery include conduct that causes disfigurement, permanent disability, or severe bodily injury. Many of these are left up to the interpretation and judgment of the court. Based on state law, it is also considered aggravated battery if a firearm or deadly weapon is used, or the defendant injured a child or a peace officer.
With so many variables, it is vital that one charged with battery, or even assault, seek the counsel and representation of a skilled lawyer. The potential sentences make a reduction in charges worth the cost.
If you are arrested for assault, there are a few special circumstances that can elevate that charge to aggravated battery. They include, but are not limited to the following:
- the victim received permanent disability, permanent disfigurement, or great bodily harm
- the victim was strangled or had his/her nose/mouth blocked
- the act was committed on one of the classifications of “special” victim specified in the statute
- the act was committed against a child or a severely mentally retarded adult
- the act occurred in a public place
- a firearm or a laser device was used
- a deadly weapon was used
- the offender concealed his/her identity
- the offender provided or caused a victim to ingest a controlled substance, a narcotic, or a poison
In the state of Illinois, there is an even more egregious charge than aggravated battery Illinois, which is heinous battery. A qualified attorney can explain the laws and provide advice for your particular circumstances.
720 ILCS 5 12 3
Illinois law 720 ILCS 5 12 3 .05 states that an individual could be charged and judged guilty of aggravated battery if disfigurement, permanent disability, or great bodily harm was caused by another individual in the course of such actions taking place. Although all these violent crimes involve physically harming someone else, the crime itself, as well as its punishments are quite broad.
Theoretically, the more serious the act, and the more serious the harm the victim suffers, the more severe the consequence should be. Additionally, if the defendant is accused of harming a peace officer or a child, the consequences will be more severe. This is magnified if the resulting injuries are permanent.
Aggravated Battery ILCS
The charges for aggravated battery in Illinois run the range from Class 3 to Class X felony. Someone who used a firearm or was accused of battery against a child would face a Class X felony. According to the aggravated battery ILCS, the remaining offenses would be deemed a Class 3, Class 2, or Class 1 felony. Class 3 is the lightest.
Domestic Battery Illinois
An attorney can investigate and determine whether you were wrongfully charged if you’re facing charges of aggravated battery in Illinois. There may be other reasons that the case should be dismissed before the trial begins, such as self-defense.
If the charges aren’t removed, a felony lawyer might have the ability to negotiate a plea bargain with the prosecutor for your benefit or prepare a defense and counsel you during your trial if you think you’ve been wrongly detained or when there are not any affordable plea choices. Prosecutors frequently will sue and agree to allow the defendant to plead guilty to another, less severe offense. Or, the prosecutor could agree to a lighter sentence like mediation rather than a guilty plea for the charge.
ILCS Domestic Battery Defense Options
An individual commits domestic battery when he/she knowingly without justification causes bodily harm or makes physical contact of an insulting or provoking nature, with a family member.
Some of the options your attorney may use to reduce or fight the charge include the following:
- Protecting another person
- Defending one’s property
- Threat of impending battery
There are a few other considerations and possible defense options, but it depends on the circumstances.
Aggravated Domestic Battery Illinois Lawyers
Aggravated domestic battery Illinois laws consider the following individuals as “family or household members,” so a battery charge involving one of them could be considered domestic battery.
- Former spouses
- Relatives of one’s children
Additional relatives and roommates are also included.
State law provides that a first offense domestic battery Illinois is a Class A misdemeanor crime. The maximum penalty for this crime is up to a year in prison in along with a fine of $2,500. However, even a first offense can be charged as a felony, which is why it is important to retain experienced aggravated domestic battery Illinois lawyers.
Aggravated Battery Illinois Sentence
The aggravated battery Illinois sentence can vary depending on factors such as your previous criminal record and the circumstances of the event in question, such as whether a deadly weapon was present.
Fighting a Battery Charge in Illinois
An aggravated battery charge in Illinois is more severe when it comes to violent offenses. As with other crimes, the more quickly you can retain the help of an experienced and capable lawyer, the higher your chances are of beating your criminal charges, even if a DUI charge is included. Prosecutors don’t allow offenders off readily when it comes to assault and battery, which means you’ll require the strongest defense possible to combat an Illinois aggravated battery charge.
First, your lawyer will have a look at the details of your charge to figure out whether there are holes in the prosecution’s case, and whether your constitutional rights are violated. Then, they will advise on the way to approach the case the most viable way possible.
Illinois Aggravated Battery With a Deadly Weapon
In Illinois aggravated battery with a deadly weapon is considered a Class 3 felony in Kendall County as well as other Illinois counties. Generally, an aggravated battery is a Class 3 felony except in special situations where it is a Class X, 1, or 2 felony. This is based on the identity of the victim and the type of victim.
An aggravated assault involving the use of a firearm against certain victims, or the discharge of a firearm in their presence usually is categorized as a Class 3 felony.
An aggravated battery is a Class 3 felony except in certain cases in which it can be a Class X, 1, or 2 felony, depending on the circumstances, the weapon involved, and the identity of the victim.
Illinois Aggravated Battery With a Firearm
If you were detained without a legal warrant in Kane County, Illinois, for example, or if evidence has been unlawfully acquired, there may be ways to get your criminal charge disregarded. Similarly, if there’s a lack of clear evidence for a jury to find that you’re guilty beyond a reasonable doubt, and the judge presiding over your case thinks this is correct, this will be the judgment.
However, if the criminal charges against you aren’t dismissed, a qualified attorney will work diligently to seek out a result that avoids jail time along or hefty fines.
Of course, you should be aware that your background may play a role in the outcome of your battery charge. Therefore, a skillful attorney may not be a guarantee of a successful result, but an expert lawyer with powerful negotiating skills may improve your odds. Contact the attorneys at the Law Office of Andrew Nickel if you are detained for an aggravated battery charge.
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