This incident occurred on Sunday, July 24. That is when police discovered the man in question asleep behind the wheel of a vehicle with signs of intoxication. In the process of arrest and subsequent processing, this man allegedly resisted and inflicted an injury to the fingers of a police officer.
The man in question has links to an address in Normal and an address in Texas. Though he will face criminal charges in Illinois for aggravated battery and awaits an arraignment scheduled for August 19.
To appreciate the potential consequences of this incident, the following sections will explore the Illinois laws against and penalties for aggravated battery.
Illinois Laws Against Aggravated Battery
The Illinois laws against aggravated battery appear at 720 ILCS 5/12-3.05. There are seven versions of aggravated battery under this section, prohibiting offenses based on:
- Great bodily harm or permanent disability/disfigurement;
- Injury to a child or person with an intellectual disability;
- Location of conduct;
- Status of the victim;
- Use of a firearm;
- Use of a weapon or device; or
- Certain dangerous conduct.
In terms of the present news story, the offender allegedly committed aggravated battery based on the victim’s status as a police officer. More specifically, there are two elements to this version of aggravated battery.
The first element requires the offender to commit battery while knowing — or having a reason to know — that the victim is a:
- Police officer;
- Community policing volunteer;
- Private security officer;
- Correctional institution employee; or
- Supervisor or controller of sexually dangerous/violent individuals.
The second element requires that:
- The victim was performing their official duties at the time of the offense;
- The offender battered the victim to prevent the performance of their official duties; or
- The offender battered the victim in retaliation for the performance of their official duties.
Illinois Penalties for Aggravated Battery
Section 12-3.05 also furnishes the Illinois penalties for aggravated battery. At a minimum, aggravated battery results in Class 3 felony charges under this section. If convicted of a Class 3 felony in Illinois, the penalties can include a prison sentence between two and five years as well as criminal fines up to $25,000.
That being said, the version of aggravated battery described above involving police officers and similar agents is a Class 2 felony. If convicted of a Class 3 felony in Illinois, the penalties can include a prison sentence between three and seven years as well as criminal fines up to $25,000.
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 firstname.lastname@example.org, or by completing an online form.