Reports indicate that this incident occurred on May 1 at a grocery store in Normal, Illinois. That is when the Illinois man allegedly struck a child. Using social media as an identification tool, police arrested the Illinois man on May 16. Though the McLean County State’s Attorney Office has yet to issue formal charges, as they are still processing reports and information.
While this matter continues to develop in legal circles, it seems fitting to review the potential charges at play, including battery and aggravated battery under Illinois law.
Battery Laws and Penalties in Illinois
The Illinois laws against battery appear under 720 ILCS 5/12-3. This section makes it unlawful to knowingly and without legal justification:
- Cause bodily harm to any individual; or
- Make physical contact of any insulting or provoking nature with any individual.
The Illinois penalties for battery also appear under Section 12-3. Battery is a Class A misdemeanor in Illinois. A conviction can lead to a maximum punishment of 12 months in county jail and $2,500 in criminal fines.
Aggravated Battery Laws and Penalties in Illinois
The Illinois laws against aggravated battery appear under 720 ILCS 5/12-3.05. This section converts a standard battery offense into aggravated battery based on:
- Serious physical injury;
- Injury to a child or a person with an intellectual disability;
- Location of the conduct;
- Status of the victim;
- Use of a dangerous weapon or device;
- Dangerous or harmful conduct; or
- Use of a firearm.
In terms of aggravated battery against a child, specifically, Section 12-3.05 prohibits any person from knowingly and without legal justification:
- Causing bodily harm, disability, or disfigurement to any child under 13 years old; or
- Causing great bodily harm, permanent disability, or permanent disfigurement to any child under 13 years old.
The Illinois penalties for aggravated battery also appear under Section 12-3.05. Though the applicable charge changes based on the circumstances of the offense.
Aggravated battery of a child is at least a Class 3 felony in Illinois. A conviction can lead to a punishment of two to five years in prison and up to $25,000 in criminal fines.
But if aggravated battery of a child involved great bodily harm or permanent disability/disfigurement, the charge enhances to a Class X felony. A conviction can lead to a punishment of six to 30 years in prison and up to $25,000 in criminal fines.
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 email@example.com or by completing an online form.