Chicago Battery Attorney

Battery, codified in 720 ILCS 5/12-3, occurs when a person knowingly, and without legal justification:

(1) causes bodily harm to an individual, or

(2) makes physical contact of an insulting or provoking nature. Simply put, battery is engaging in unwanted or harmful contact with another person.

The crime is considerably broad and its umbrella includes a variety of behaviors and acts.

The first type of battery – causing bodily harm – is what most people typically think of when they hear the term battery. Acts that may be considered harmful battery include

• punching,
• biting, or
• slapping.

Harmful or injurious battery can also be conducted with the use of a weapon or object, such as a knife, stick, or even an iron. Stabbing someone with a knife, striking them with a stick, or placing a hot iron on someone’s skin would all be classified as batteries. This is different than assault, as you can be charged with assault without even touching the other person.

The second type of battery – making physical contact of an insulting or provoking nature – is less commonly discussed. Unwanted physical contact may not cause the same injuries or harm as a punch or a cut, but can cause emotional or psychological injuries. Battery for unwanted touching is often caused in sexual assault and harassment cases. Spitting on someone can also be battery.

The main requirements of battery, however, remain the same. A person commits a battery when they engage in unwanted or harmful contact with another person.

In some cases, the actions or behaviors of a defendant are so egregious that the crime will be elevated to aggravated battery. A battery is elevated and charged as aggravated if the defendant:

• Knowingly causes great bodily harm, permanent disability, or disfigurement of the victim;
• Strangles the victim;
• Uses or discharges a firearm or other deadly weapon;
• Wears a mask, hood, or mask to conceal his or her identity;
• Provides the victim, or causes them to ingest, a dangerous or toxic substance; or
• Records the battery with the intent to distribute.

Batteries against certain classes of people, or which take place in certain locations, may be elevated to aggravated battery. For example, children under 13, the mentally disabled, judges, police officers, teachers or school employees, firefighters, pregnant women, or the elderly are considered “special” victims, and batteries causing great bodily harm against them are considered aggravated. Batteries that take place in a public place, on a public road, on school property, or in a correctional facility may also be charges as aggravated.