Battery and Aggravated Battery

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Illinois Statute 720 ILCS 5/12-3 states:

A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual

Penalties for battery:

Battery is a Class A Misdemeanor. The range of penalties for the charge of Battery is up to 364 days in jail; up to 24 months court supervision, conditional discharge or probation; and fines up to $2,500. As well as various other civil consequences stemming from additional lawsuits by victim(s).

Aggravated Battery

Illinois Statute 720 ILCS 5/12-4(a) states:

"A person commits aggravated battery when, in committing a battery:

1. Use of a deadly weapon
2. Are hooded, robed or masked, in such manner as to conceal their identity
3. Know the individual harmed to be a teacher or other person employed in any school and such teacher or other employee is on school property
4. Know the individual harmed to be a community policing volunteer while such volunteer is engaged in the execution of any official duties, or to prevent the volunteer from performing official duties, or in retaliation for the volunteer performing official duties, and the battery is committed other than by the discharge of a firearm;
5. Know the individual harmed to be an emergency medical technician who is at work
6. Is, or the person battered is, on or about a public way, public property or public place of accommodation or amusement
7. Is, or the person battered is, on a publicly or privately owned sports or entertainment arena, stadium, community or convention hall the day of an event
8. Know the individual harmed to be the driver or passenger of public transportation
9. Know the individual harmed to be an individual of 60 years of age or older
10. Know the individual harmed is pregnant
11. Knows the individual harmed to be a judge whom the person intended to harm as a result of the judge's performance of his or her official duties as a judge
12. Knows the individual harmed to be a person who is physically handicapped
13. Causes bodily harm to a merchant who detains the person for an alleged commission of retail theft
14. Is, or the person battered is, in any building used as a domestic violence shelter
15. Knows the individual harmed to be an officer or employee of the State of Illinois
16. Knows the individual harmed to be an emergency management worker engaged in the performance of any of his or her official duties
17. Knows the individual harmed to be a private security officer who is at work
18. Knows the individual harmed to be a taxi driver and the battery is committed while the taxi driver is on duty
19. Knows the individual harmed to be a utility worker who is on duty."

Penalties for Aggravated Battery in Illinois:

• Aggravated battery in Illinois is a Class 3 felony if the alleged victim is not a police officer, firefighter, or correctional officer. A Class 3 felony is punishable by 1 to 3 years in the Illinois Department of Corrections; up to 30 months probation or conditional discharge; and/or fines up to $25,000.
• Aggravated battery in Illinois is a Class 2 felony if the alleged victim is a police officer, a firefighter, or correctional officer. A Class 2 felony is punishable by 2 to 5 years in the Illinois Department of Corrections; up to 48 months probation or conditional discharge and/or up to a $25,000 fine.
• Aggravated battery in Illinois is a Class 1 felony if the alleged victim is a police officer, firefighter, or correctional officer and suffers great bodily harm or permanent disfigurement. A Class 2 Felony is punishable by 2 to 5 years in the Illinois Department of Corrections; up to 48 months probation or conditional discharge; and/or up to a $25,000 fine.

Battery charges are incredibly serious and can affect you for the rest of your life. When facing battery or aggravated battery charges in Rock Island, it is essential to find an experienced lawyer like Herb Schultz as early in the process as possible to ensure the best possible outcome. To obtain quality legal defense representation in Rock Island, the Quad Cities, Rock Island County, Henry County, or the surrounding Illinois counties and communities, contact Rock Island attorney Herb Schultz Legal for a free consultation at (309) 788-4539. Herb Schultz also can be reached securely through the contact form found throughout this site or by email here.