Illinois Aggravated Battery Based on Injury

The Law – 720 ILCS 5/12-3.05(a)

A person commits aggravated battery when the person, while committing a battery other than by discharge of a firearm, knowingly does any of the following:

  1. Causes great bodily harm, or permanent disability or disfigurement to an individual; or

  2. Causes severe and permanent disability, great bodily harm, or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound.

  3. Causes great bodily harm or permanent disability or disfigurement to an individual who the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons (i) performing his or her official duties; (ii) battered to prevent performance of his or her official duties; or (iii) battered in retaliation for performing his or her official duties;

  4. Causes great bodily harm or permanent disability or disfigurement to an individual 60 years of age or older; or

  5. Strangles another individual.

Note that this charge applies only when a firearm in NOT used. There is a separate law that governs use of a firearm (See Unlawful Use of Weapon). To be convicted, the State must prove, beyond a reasonable doubt, that the act or acts were done “knowingly”. The defense of “self-defense” defeats the charge of aggravated battery because the person, acting in self-defense, is legally justified in committing the battery in order to defend himself. As is the case with all crimes, the burden is on the State to prove each and every element of the offense beyond a reasonable doubt.

The Sentence

SENTENCING IS VARIED DEPENDING ON VARIOUS FACTORS

AGGRAVATED BATTERY BASED ON INJURY - SENTENCING SUMMARY

Causes great bodily harm, or permanent disability or disfigurement to an individual; or

Causes severe and permanent disability, great bodily harm, or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound.

Causes great bodily harm or permanent disability or disfigurement to an individual who the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons (i) performing his or her official duties; (ii) battered to prevent performance of his or her official duties; or (iii) battered in retaliation for performing his or her official duties;

Causes great bodily harm or permanent disability or disfigurement to an individual 60 years of age or older

Strangles another individual

CLASS 3 FELONY

2-5 YEARS


PROBATION POSSIBLE: YES


MUST SERVE 50% OF SENTENCE


CLASS 1 FELONY – 

4-15 YEARS if the aggravated battery was intentional and involved the infliction of torture.


PROBATION POSSIBLE: YES


MUST SERVE 50% OF SENTENCE

CLASS X FELONY


MANDATORY 

SENTENCE OF 6-45 YEARS.


PROBATION NOT POSSIBLE.


MUST SERVE 50% OF SENTENCE.

CLASS 1 FELONY


4-15 YEARS


PROBATION POSSIBLE: YES


MUST SERVE 50% OF SENTENCE

CLASS 2 FELONY


3-7 YEARS


PROBATION POSSIBLE: YES


MUST SERVE 85% OF SENTENCE

CLASS 3 FELONY

2-5 YEARS


PROBATION POSSIBLE: YES


MUST SERVE 50% OF SENTENCE


CLASS 1 FELONY – 4-15 YEARS – IF:


(A) the person used or attempted to use a dangerous instrument while committing the offense; or 

(B) the person caused great bodily harm or permanent  

disability or disfigurement to the other person while committing the offense; or 

(C) the person has been previously convicted of a  

violation of subdivision (a)(5) under the laws of this State or laws similar to subdivision (a)(5) of any other state.  

 

Success Story: We have represented countless people over the years who have been charged with battery. Most times, the cases go to trial because of conflicting testimony of the complainant, and witnesses, and our own client. We have tried hundreds of cases over the years. Having experienced trial lawyers is vital, not only for the trial itself, but for the fact that the reputation of our law firm is that we will not hesitate to take a case to trial if it is in the best interests of our client. Our first goal is NOT a plea agreement – it is dismissal --- not guilty. We are skilled trial lawyers who know the art of trying cases before a judge or jury, and the art of cross-examination to elicit testimony favorable to our client’s case.

When you need a criminal defense attorney, you should hire a lawyer who is experienced, aggressive, and will do the work it takes to get the best result for you. We leave no stone unturned in our effort to do the best job we can for a client, and get the best result possible. We are experienced, aggressive, knowledgeable, and detail-oriented criminal defense attorneys We represent clients in Orland Park, Tinley Park, Joliet, Lockport, Homer Glen, New Lenox, Oak Forest, Plainfield, Romeoville, and all other cities in the southwest suburbs of Chicago.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005