Aggravated battery is a serious offense under the Illinois Criminal Code. Unlike standard battery crimes — which merely require bodily harm or physical contact of an insulting or provoking nature — various circumstances can trigger charges for aggravated battery. To illustrate the different versions of this offense, the following sections will analyze four types of aggravated battery crimes under 720 ILCS 5/12-3.05.
Aggravated Battery Based on Injury
Aggravated battery under Section 12-3.05 can be based on the nature of injury sustained. This version of aggravated battery applies when the perpetrator also:
- Causes great bodily harm or permanent disability or disfigurement;
- Uses a flammable, explosive, or other substance to cause great bodily harm or permanent disability or disfigurement;
- Inflicts great bodily harm or permanent disability or disfigurement, knowing the victim to be a police officer, firefighter, or similar agent;
- Causes great bodily harm or permanent disability or disfigurement to an elderly victim over the age of 60; or
- Strangles the victim.
Aggravated Battery Based on Injury to a Child or Disabled Individual
Aggravated battery under Section 12-3.05 can be based on injury to a child or disabled individual. This version of aggravated battery applies when the perpetrator is over 18 years old and also:
- Causes bodily harm, disability, or disfigurement to a child victim under the age of 13; or
- Inflicts bodily harm, disability, or disfigurement to a victim with a profound physical or mental disability.
Aggravated Battery Based on Location of Conduct
Aggravated battery under Section 12-3.05 can be based on the location of conduct. This type of aggravated battery only applies if, at the time of the offense, the perpetrator or victim are on or about a:
- Public way or public property;
- Place of accommodation or amusement open to the public;
- Sports venue;
- Domestic violence shelter; or
- Place of worship, such as a church, synagogue, mosque, or similar place.
Aggravated Battery Based on Use of Weapon or Device
Aggravated battery under Section 12-3.05 can be based on use of a weapon or device. This version of aggravated battery applies when the perpetrator also:
- Uses a deadly weapon or air rifle, other than an actual firearm;
- Wears a mask, hood, or robe to conceal their identity;
- Shines a laser device attached to a firearm upon or against the victim; or
- Makes a video or audio recording of the offense with the intent to disseminate the recording.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.