Unlike assault crimes, Illinois law requires battery offenses to involve physical contact of a harmful, insulting, or provoking nature. Any person who initiates this type of contact can face criminal penalties, including jail time and fines. In more extreme situations, the perpetrator can even face felony charges for aggravated battery.
What is the Illinois Definition of Battery?
720 ILCS 5/12-3 furnishes the Illinois definition of battery. Under this section, a person commits battery if they knowingly and without legal justification:
- Cause physical harm or injury to another person; or
- Initiate contact of an insulting or provoking nature with another person.
What is the Illinois Punishment for Battery?
Section 12-3 also explains the Illinois punishment for battery. Under this section, battery is a Class A misdemeanor in Illinois.
If a person is convicted for this class of misdemeanor, they can face a maximum of 12 months in jail and $2,500 in criminal fines. Conditional discharge, court supervision, or probation is also available for a maximum of 24 months.
What is the Illinois Definition of Aggravated Battery?
720 ILCS 5/12-3.05 supplies the Illinois definition of aggravated battery. There are various types of aggravated battery under this section. But generally speaking, a battery crime becomes aggravated battery if perpetrator also:
- Inflicts serious physical harm or permanent disfigurement or disability;
- Strangles the victim;
- Utilizes a bomb, flammable substance, gas, or other contaminant to inflict serious harm or disfigurement or disability; or
- Inflicts serious physical harm or permanent disfigurement or disability, knowing that the victim is a police officer or similar government official in the performance of their official duties.
What is the Illinois Punishment for Aggravated Battery?
Section 12-3.05 also details the Illinois punishment for aggravated battery. Under this section, aggravated battery is usually a Class 3 felony in Illinois.
If a person is convicted for this class of felony, they can face a maximum of five years in prison and $25,000 in criminal fines. Conditional discharge or probation is also available for a maximum of 30 months.
On the other hand, aggravated battery can become a Class 2 felony under certain circumstances. For example, aggravated battery offenses knowingly committed against police officers or similar government officials are Class 2 felonies.
If a person is convicted for this class of felony, they can face a maximum of seven years in prison and $25,000 in criminal fines. Conditional discharge or probation is also available for a maximum of 48 months.
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.