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720 ILCS 5/12-3.05 – Aggravated Battery

 

  • Typically a Class 3 Felony
  • 2-5 years in prison
  • Fine up to $25,000
  • Call for more details

 

Understanding Aggravated Battery in Illinois

Aggravated battery is a serious criminal offense under Illinois law that involves causing bodily harm to another person under circumstances that elevate the severity of the crime. Unlike simple battery, aggravated battery is considered a felony due to factors such as the use of a deadly weapon, the severity of the injury inflicted, or the victim’s status (such as a police officer or a minor). A conviction for aggravated battery can lead to severe legal consequences, including long prison sentences and substantial fines.

 

What Constitutes Aggravated Battery in Illinois?

Under Illinois law, aggravated battery is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/12-3.05. The offense occurs when an individual knowingly and without legal justification causes bodily harm to another person under aggravated circumstances. These circumstances can include:

 

  • Use of a Deadly Weapon: Causing bodily harm using a firearm, knife, or any other object that can cause serious injury or death.
  • Serious Bodily Harm: Inflicting serious bodily harm, such as broken bones, severe lacerations, or injuries that require extensive medical treatment.
  • Victim’s Status: The victim is a protected person under the law, such as a police officer, firefighter, teacher, or child under 13 years old.
  • Location of the Offense: The offense occurs in certain locations, such as a school or public place.

Examples of Aggravated Battery Under 720 ILCS 5/12-3.05

Here are specific examples of aggravated battery as defined under Illinois law:

 

  1. Aggravated Battery with a Deadly Weapon
    • Statute: 720 ILCS 5/12-3.05(f)
    • Description: Knowingly causing bodily harm to another person using a firearm, knife, or other deadly weapon.
  2. Battery Resulting in Serious Bodily Harm
    • Statute: 720 ILCS 5/12-3.05(a)
    • Description: Inflicting serious injuries on another person, such as broken bones or severe cuts, which require significant medical treatment.
  3. Battery Against a Police Officer
    • Statute: 720 ILCS 5/12-3.05(d)(4)
    • Description: Knowingly causing bodily harm to a police officer or other law enforcement official while they are performing their official duties.

Penalties for Aggravated Battery in Illinois

Aggravated battery is classified as a felony offense in Illinois, with penalties varying depending on the specific circumstances of the crime. The penalties can include:

 

  • Class 3 Felony:
    • 2 to 5 years in prison
    • Fines of up to $25,000
    • Extended probation or conditional discharge may be available in certain cases
  • Class 2 Felony (Aggravating Circumstances):
    • 3 to 7 years in prison
    • Fines of up to $25,000
    • Probation, conditional discharge, or extended imprisonment in cases with multiple aggravating factors

In addition to these legal penalties, a conviction for aggravated battery can lead to long-term consequences, including a permanent criminal record, which can impact employment opportunities, housing, and personal relationships.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of aggravated battery is a serious matter that can have lasting effects on your life. Andrew M. Weisberg, a former Cook County prosecutor, brings a wealth of experience and a deep understanding of the criminal justice system to your defense. Here’s why choosing Mr. Weisberg is the best decision you can make:

 

  • Expertise in Violent Crime Defense: With extensive experience in handling cases involving violent crimes, including aggravated battery, Mr. Weisberg understands the strategies prosecutors use and how to effectively counter them.
  • Comprehensive Defense Strategy: Mr. Weisberg will thoroughly investigate the circumstances of your case, examining all evidence and identifying any weaknesses in the prosecution’s case to build a strong defense tailored to your situation.
  • Personalized and Compassionate Representation: Understanding the stress and uncertainty that come with facing serious charges, Mr. Weisberg provides personalized attention and compassionate representation to each of his clients.
  • Aggressive Legal Advocacy: Known for his aggressive defense strategies, Mr. Weisberg will fight tirelessly to protect your rights and work towards the best possible outcome in your case.

When facing aggravated battery charges, you need an attorney who not only understands the law but also has the experience and determination to fight for your rights. Andrew M. Weisberg is committed to providing you with a robust defense and the best possible legal representation.

 

Contact Andrew M. Weisberg today for a free consultation to discuss your case and learn how he can help protect your rights and future.