How Are Criminal Charges of Battery Punished in Illinois?

 Posted on November 15, 2020 in Violent Crimes

Many people think the terms assault and battery are synonymous. However, under Illinois law, they are two separate criminal offenses. Assault is defined as the threat of bodily harm that causes fear of harm to the victim. Battery is actual physical harm to another person. The penalties for these crimes can range from fines to jail time. In some cases, there are factors that elevate the crime to aggravated charges, which result in harsher punishments. A conviction for aggravated battery can impact a person’s professional and personal life. An experienced criminal defense attorney can explain the potential implications, and provide quality representation needed to avoid a conviction for this type of violent crime.

Simple Battery Charges

Basic battery charges in Illinois involve insulting or provoking physical contact or intentionally causing bodily harm to another. A few examples of actions that constitute battery include:

• Pushing another person
• Hitting and injuring someone with an object
• Grabbing and ripping someone’s clothing in anger (clothing is an extension of the person)

The basic charge of battery is a Class A misdemeanor in Illinois, which carries a penalty of up to one year in prison and a $2,500 fine.

Aggravating Factors

There can be certain actions that distinguish a crime from simple charges to aggravated, thus resulting in more serious consequences. In some instances, an individual may not even realize that specific factors can dramatically impact his or her defense. A person can be charged with aggravated battery if he or she:

• Caused severe bodily injury, disfigurement, or a permanent disability
• Used a firearm or deadly weapon
• Used an explosive device
• Caused harm to a child or law enforcement officer

Aggravated battery is typically charged as a Class 3 felony, which results in two to five years in prison if convicted. It is important to note that in the majority of assault and battery cases, probation may be an option instead of imprisonment. However, the charge can be elevated to a Class 2, Class 1, or even a Class X felony depending on the circumstances. For those enhanced felonies, the sentence can be increased to a term of 30 years. If an offender has one or more prior convictions for the same crime, it is possible for the state’s prosecution to suggest a maximum sentence of 60 years. Felony X offenses are not eligible for a sentencing of probation.

Contact a Cook County Criminal Defense Lawyer

Any criminal offense is taken seriously in Illinois, with penalties that can vary depending on the severity of the crime. If you or your loved one is charged with any type of crime, a knowledgeable Chicago assault and battery attorney can craft a solid defense strategy to help you avoid a conviction and undue hardship. The accomplished law firm of Luisi Legal Group has more than 15 years of experience defending clients who are facing misdemeanor and felony charges. To learn more and request a free consultation, call our office today at 773-276-5541.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/072000050K12-2.htm

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&SeqStart=21300000&SeqEnd=23200000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&SeqStart=14900000&SeqEnd=16400000