When you are facing a charge such as an aggravated battery, it is important to have a knowledgeable aggravated battery lawyer to make sure to protect your rights and keep your record clean. To make sure that you have not been overcharged, check out exactly how you can be charged with a felony offense of aggravated battery in Cook County.
If you have been charged with Aggravated Battery in Cook County; then you are looking at a very serious charge! Not only are you looking at some serious jail time, but having a felony conviction on your record can severely impact your everyday life in today's society.
In Illinois, a battery is typically a misdemeanor charge which carries a maximum penalty of 365 days in jail, however, there are several ways that you can be charged with a felony aggravated battery.
Offenses Based on Injury
One way that the prosecutor can charge you with aggravated battery is if you have committed a battery to another individual and while doing so, you have caused great bodily harm or permanent disfigurement to the other person.
Although Illinois does not define what great bodily harm is, it is generally more serious than lacerations, bruises, or abrasions. In regard to permanent disfigurement and permanent injury; this typically refers to when the victim has suffered an injury that they will never completely heal from (e.g. victim blind in one eye).
If you are convicted of aggravated battery causing great bodily harm or permanent disability you are facing a class 3 felony and will be looking at the punishment of between 2-5 years in prison and a fine of up to $25,000.
If the great bodily harm was to an individual who is 60 years of age or older than you are looking at a class 2 felony and you are facing between 3 and 7 years in prison with a fine of up to $25,000.
Offenses Based on Injury to a Child or Person with an Intellectual Disability
Under Illinois law, a person who is at least 18 years of age commits aggravated battery when, in committing a battery, he or she knowingly and without legal justification by any means:
(1) Causes great bodily harm or permanent disability or disfigurement to any child under the age of 13 years or to any person with a severe or profound intellectual disability; or (2) Causes bodily harm or disability or disfigurement to any child under the age of 13 years or to any person with a severe or profound intellectual disability.
If you have been charged with aggravated battery based upon an injury to a child or if the person has an intellectual disability, you will be facing a class X felony, which carries a prison sentence between a minimum of 6 to a maximum of 30 years in prison. The States Attorney can add an enhancement to your sentence if:
- If the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the Court;
- If during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the Court;
- If during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
Offenses based on location of conduct
Depending on where the incident occurred, you can be charged with the felony offense of aggravated battery. Under Illinois law, a person commits aggravated battery based upon the location of conduct when he or she commits a battery while:
- On or about a public way
- On public property
- On a public place of accommodation or amusement, or
- At a sports venue, or a domestic violence shelter
If you are convicted of aggravated battery based upon the location of the conduct you are facing a class 3 felony and will be looking at punishment of between 2-5 years in prison and a fine of up to $25,000.
Offenses Based on the Status of the Victim
Another important thing to know if you are being accused of committing a battery is that you can be charged with the felony offense of aggravated battery based upon the status of the victim. For example in Cook County, the prosecutor will charge you with aggravated battery if:
- A victim is a person 60 years or older,
- The victim is pregnant or has a physical disability
- A teacher or school employee
- A police officer
- A Judge
- An employee of the state of Illinois
- A transit employee performing his or her duties
- A taxi driver on duty
- A merchant who detains the person for an alleged commission of retail theft
- A person authorized to serve process under section 2-202 of the code of civil procedure.
- A nurse while in the performance of his or her duties as a nurse.
If you are accused of the offense of aggravated battery based upon the status of a victim and eventually convicted of the offense, you will be looking at a prison sentence between 2-5 years and a maximum fine of $25,000 as it is a class 3 felony.
Offenses Based Upon the Use of a Firearm
If you are accused of committing the offense of battery and a firearm was used, you will likely be charged with the offense of aggravated battery. There are several ways in which someone can be accused of committing the offense of aggravated battery based on the use of a firearm, these include but are not limited to;
- Discharges a firearm and causes an injury to another person
- Discharges a firearm, and causes an injury to a person he or she knows to be a police officer, school employee, or medical services personnel.
- Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to another.
- Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a police officer, school employee, or medical services personnel.
If you are convicted of aggravated battery based upon the use of a firearm you are facing a class x felony and will be looking at the punishment of between 6 to 30 years in prison and a fine of up to $25,000.
If you are convicted of discharging a firearm and causing injury to a police officer, school employee, or medical services personnel your sentence can be enhanced and you will be looking at a minimum of 15 to 60 years in prison.
If you are convicted of discharging a machine gun or a firearm equipped with a silencer and caused injury to a police officer, school employee, or medical services personnel your sentence can be enhanced and you will be looking at a minimum of 20 to 60 years in prison.
Knowing the different ways that you can be charged with aggravated battery and the different punishments and enhancements for aggravated battery is very important. Facing an aggravated battery charge is very serious and a conviction can come with very steep punishment.
Furthermore, if you are convicted of a felony offense, your ability to obtain employment, rent an apartment, go to college, or get a loan will all become very difficult.
Contact Our Cook County Criminal Attorney Today
Make sure that if you are facing a battery charge or aggravated battery charge in Cook County, Will, or Dupage county that you are being protected by a Chicago criminal defense lawyer that not only knows the law very well but is a skilled trial attorney that can help keep your record clean!
