Aggravated Battery Experts

Penalties for Aggravated Battery

The penalties for aggravated battery will depend on your specific crime and what the prosecutor is able to prove. Factors that will be important in determining the penalty in your aggravated battery case include:

• The specific type of aggravated battery you are charged with;
• The extent of  your victim’s injuries;
• The classification of your victim (i.e., were they a law enforcement officer or elderly?);
• Whether you used a firearm, weapon, or harmful substance to harm you victim; and
• Your existing criminal record.

Aggravated battery, without extenuating circumstances, is a Class 3 Felony in Chicago. If you are convicted of a Class 3 Felony in Chicago you can face up 2-5 years in an Illinois state prison and be required to pay fines of up to $25,000.

Aggravated battery can carry more significant penalties when extenuating circumstances are present. In certain situations, aggravated battery can be charged as a Class 2 Felony, Class 1 Felony, or Class X Felony. In some situations, aggravated battery is punishable by a minimum of 6-30 years in prison.

Defenses to Aggravated Battery

In order to convict you of aggravated battery, the prosecutor must prove that you are guilty of each element of the crime. Your attorney will argue any defense that helps to cast doubt on your guilt. Defenses to charges of aggravated battery in Chicago include:

• The alleged contact did not cause great bodily harm;
• The victim consented to the contact;
• Lack of intent to cause great bodily harm;
• The victim was not part of a specially protected class;
• False accusation;
• Mistaken identity;
• Lack of sufficient evidence; and
• Violations of your Constitutional rights.