Feb 7

A man from Towanda, Illinois, faces criminal charges for battery and aggravated battery in McLean County for two separate incidents, according to an article by The Pantagraph. Both incidents occurred on Saturday, January 25th in Normal. 

For the misdemeanor battery charge, the Illinois man allegedly kicked a victim in the stomach. For the aggravated battery charge, the Illinois main allegedly punched a private security guard. 

At this point, the Illinois man remains in custody as he did not post bail. While he awaits the next developments in his legal case, it seems appropriate to review Illinois laws governing battery and aggravated battery. 


720 ILCS 5/12-3 establishes the Illinois approach to battery crimes. Under this section, a person commits battery is they knowingly and unlawfully:

  • Cause bodily harm or injury to a person; or
  • Make physical contact that is insulting or provocative.

In many circumstances, battery is a Class A misdemeanor under Section 12-3. If convicted the perpetrator can face a maximum sentence of 364 days in jail and $2,500 in criminal fines.

Aggravated Battery

720 ILCS 5/12-3.05 outlines the Illinois approach to aggravated battery crimes. Under this section, there are many reasons for which battery can become aggravated battery, including but not limited to:

  • Harm, Disability, Disfigurement — If the perpetrator causes great bodily harm, permanent disability, or disfigurement to a victim during the offense;
  • Child or Mentally Disabled — If the perpetrator causes great bodily harm, permanent disability, or disfigurement to a child or mentally disabled person during the offense;
  • Location of Conduct — If the perpetrator commits the offense in public or on public property, at an amusement park, sports venue, domestic violence shelter, or place of worship;
  • Status of Victim — If the perpetrator chooses their victim based on status in a protected class, such as age, disability, race, or ethnicity. 
  • Use of a Firearm — If the perpetrator brandishes or discharges a firearm during the offense, whether or not there is any injury; and
  • Use of a Dangerous Weapon — If the perpetrator possesses or uses a dangerous weapon during the offense, whether or not there is any injury.

At a threshold level, aggravated battery is a Class 3 felony under Section 12-3.05. If convicted, the perpetrator can face a maximum sentence of five years in prison and $25,000 in criminal fines. Though depending on the circumstances of the offense, the punishment can become much more serious. 

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.