If you have been arrested for the aggravated battery of a police officer it is important to contact an attorney as soon as possible. Once you have told the prosecutor that you want your attorney do not answer any questions. The state will try to manipulate the situation and get you to admit to wrongdoing. Anything you say will be used against you, so it is in your best interest to remain silent. Aggravated battery of a cop can be a tough charge to defeat since the police officer’s own testimony will be used as evidence against you. However, hiring an experienced lawyer will increase your chances of a positive outcome.
Chicago criminal defense attorney Gus Kostopoulos is a former prosecutor with more than 18 years of legal experience. During his time as a prosecutor, Gus was able to gain incredible insight into how the State’s Attorney Office approaches and prosecutors a variety of criminal matters. Today, he uses this experience and insight to help his clients get the best possible outcome in their criminal cases. He will aggressively fight to limit the negative consequences of your arrest. Contact his Chicago office today to set up a free consultation.
What is Aggravated Battery of a Police Officer?
In Chicago, crimes can be aggravated when the victim is a police officer. This is true for the crime of battery. Battery is the crime of making unlawful contact with another person in a harmful or offensive way. When the victim of a battery is a police officer the seriousness of the charges you will face increase tremendously.
The specific crime of aggravated battery against a police officer can be found in 720 ILCS 5/12-3.05. Under this law, there are a few different ways you can be charged with the crime of aggravated battery of a police officer. Aggravated battery of a police officer occurs when:
- You cause great bodily harm, permanent disability, or disfigurement to another person and you know that they are a police officer;
- You commit a battery because you know that the victim is a police officer;
- You commit a battery against a police officer in order to prevent them from doing their job;
- You commit a battery against a police officer as revenge or payback; or
- You cause injuries to someone you know to be a police officer using a gun.
In order to be convicted of this crime the prosecution must be able to prove that you knew the victim of your alleged battery was a police officer performing his/her professional duties. This means that you cannot be convicted of this crime if the if:
- The police officer was off-duty and not engaged in official responsibilities; or
- You did not know that the victim of the battery was actually a police officer.
What is a Peace Officer?
- The legal authority to maintain public order or make arrests;
- By statute, the authority to exercise powers similar to those of a law enforcement agent.
Penalties for Aggravated Battery of a Police Officer
Aggravated battery of a police officer is a felony offense in Chicago. The specific felony charge that you will face will depend on the facts of your case. Factors that will be relevant in the determination of charges include:
- The degree of harm suffered by the police officer;
- The use of any guns or dangerous weapons;
- Your history of criminal offenses.
Charges can range from a Class 3 Felony to a Class X Felony. The potential criminal penalties for these felony convictions include:
- Class 3 Felony: Between 2 and 5 years in an Illinois state prison, $25,000 fine.
- Class 2 Felony: Between 3 and 7 years in an Illinois state prison, $25,000 fine.
- Class 1 Felony: Between 4 and 15 years in an Illinois state prison, $25,000 fine.
- Class X Felony: Between 20 and 60 years in an Illinois state prison, $25,000 fine.
Certain aggravating factors (e.g., use of a firearm, disfigurement, permanent disability) can result in additional terms of imprisonment. In some cases, you could face an additional 20 years in prison for the aggravated battery of a police officer in Chicago.
Defenses to Aggravated Battery of a Police Officer
The prosecution will definitely do everything they can to convict you for the aggravated battery of a police officer. To do this they must be able to prove that you are guilty of each element of the crime. This includes proving that a battery occurred and you knew that the victim of that battery was a police officer. Even though the prosecution will have the police officer to testify against you it can still be difficult to prove their case beyond a reasonable doubt. When you hire an experienced Chicago battery defense attorney to handle your case, you make it even harder for the prosecution to build a successful case.
Gus Kostopoulos will argue any defense that he thinks may be helpful in casting doubt on the prosecution’s case. He will thoroughly investigate your alleged crime to determine if your Constitutional rights were violated and to find evidence that is helpful to your case. Defenses to aggravated battery of a police officer that may be argued include:
- No battery actually occurred;
- The alleged victim consented to the contact;
- The victim was not a police officer performing his/her official duties;
- The victim was not on duty;
- The victim was engaged in unlawful activity at the time of the alleged battery;
- Mistaken identity;
- False accusation; and
- Unlawful arrest.
Experienced Chicago Battery of a Police Officer Attorney
Are you facing criminal charges for the aggravated battery of a police officer? If so, do not hesitate to contact the Kostopoulos Law Group today. Our skilled legal team understands what it will take to defeat these serious criminal accusations. We have the experience, passion, and resources necessary to get our clients the best possible result in their criminal cases. Contact our Chicago battery defense attorneys today to schedule a free consultation. We will review your case, determine if your rights have been violated, and explain why it is important to fight.