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Aggravating Factors in Battery Cases

 Posted on January 27, 2024 in Criminal Defense

IL defense lawyerIllinois law defines battery as any unwanted physical contact that is provoking or insulting or causes another person bodily harm. Battery is a Class A misdemeanor, which carries a potential sentence of one year in prison and a fine of $2,500.

However, there are circumstances in which a battery charge can become an aggravated battery charge. Certain factors can enhance the charge, resulting in steeper fines and additional jail time. These factors can make the difference between a misdemeanor and a felony charge.

If you have been arrested or charged with battery, do not hesitate to contact a Chicago assault lawyer

Aggravated Battery in Illinois

720 ILCS 5/12-3.05 states that aggravated battery is based upon bodily injury to others. The statute states that any of the following circumstances may lead to an aggravated battery charge:

  • Using a deadly weapon
  • Wearing a hood or mask to conceal your identity
  • Discharging a firearm that causes injury to a police officer, firefighter, or other government worker
  • Discharging a firearm that causes injury to a teacher, student, or employee on or adjacent to school grounds
  • If the victim was a community police volunteer
  • If the victim is a judge, emergency medical technician, or utility worker
  • If the victim is an elderly person
  • If the victim is physically handicapped
  • If the victim is pregnant
  • If the victim is a taxi driver on duty

Aggravated battery charges are based on the following criteria:

  1. The way in which the victim was harmed: If the defendant caused permanent disability or disfigurement
  2. The location of the battery incident
  3. The status of the victim (age, disability, or if the person is a public servant)


If you used a deadly weapon in the course of the battery, it is a Class X felony. You will be facing 6 to 30 years in prison, with a potential fine of $25,000.

If you caused serious bodily harm or disfigurement to another person, then you may be sentenced to 2-5 years in prison, with a potential fine of $25,000. The charge increases to a Class 2 felony if the victim is elderly and a Class 1 felony if you harmed a police officer.

What If I Am Innocent?

If the battery never took place, then you will still want a legal advocate working on your behalf. Having an alibi can help get the charges against you dismissed. If you were with other people during the time the crime took place, your attorney may ask them to testify on your behalf.

Keep in mind that the prosecution must prove your guilt beyond a reasonable doubt. This means that the prosecution must gather enough evidence to prove culpability so that no reasonable person can have a doubt that you committed the crime. Even with this burden, too much is at stake to forgo hiring the services of an experienced Chicago assault lawyer.

Contact a Chicago, IL, Assault Lawyer Today

If you have been accused of aggravated battery, you need an attorney who can explain your rights. Our Chicago, IL, assault lawyer is here to answer any of your questions. Contact Law Offices of James F. DiQuattro today online or by calling 312-627-9482 to schedule your free consultation. 

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