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720 ILCS 5/12-3.1

Battery of an Unborn Child

 

  • Up to a Class 2 Felony
  • 3-7 years in prison
  • Fine up to $25,000
  • Call for more details

 

Understanding Battery of an Unborn Child in Illinois

Battery of an unborn child is a serious criminal offense under Illinois law that involves intentionally causing bodily harm to an unborn child through physical actions taken against the mother. This crime is considered particularly severe due to the vulnerability of the unborn child and the potential for significant harm or loss of life. A conviction for battery of an unborn child can lead to severe legal consequences, including imprisonment, fines, and a permanent criminal record.

 

What Constitutes Battery of an Unborn Child in Illinois?

Under Illinois law, battery of an unborn child is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/12-3.1. The offense occurs when an individual knowingly and without legal justification causes bodily harm to an unborn child by committing a physical act against the mother. Key elements of this crime include:

 

  • Intentional Physical Harm: The individual must knowingly commit a physical act against a pregnant woman that results in harm to the unborn child.
  • Lack of Legal Justification: The act must be committed without any legal justification, such as self-defense or defense of others.
  • Bodily Harm to the Unborn Child: The physical act must result in injury to the unborn child, which could include harm leading to premature birth, injury to the fetus, or other complications.

Examples of Battery of an Unborn Child Under 720 ILCS 5/12-3.1

Here are specific examples of battery of an unborn child as defined under Illinois law:

 

  1. Striking a Pregnant Woman
    • Statute: 720 ILCS 5/12-3.1(a)
    • Description: Intentionally striking a pregnant woman in the abdomen, causing harm to the unborn child.
  2. Assault Leading to Premature Birth
    • Statute: 720 ILCS 5/12-3.1(a)
    • Description: Committing a physical assault on a pregnant woman that leads to premature labor and potential harm to the unborn child.
  3. Inflicting Injury Through Physical Violence
    • Statute: 720 ILCS 5/12-3.1(a)
    • Description: Engaging in physical violence against a pregnant woman, resulting in injury to the fetus.

Penalties for Battery of an Unborn Child in Illinois

Battery of an unborn child is classified as a felony offense in Illinois, with penalties varying depending on the severity of the harm caused. The penalties can include:

 

  • Class 3 Felony:
    • 2 to 5 years in prison
    • Fines of up to $25,000
    • 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
    • Extended probation periods or conditional discharge

In addition to these legal penalties, a conviction for battery of an unborn child 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 battery of an unborn child is a serious matter with potentially life-altering consequences. 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 battery of an unborn child, 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 emotional toll 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 charges of battery of an unborn child, 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.