The Difference between Battery and Aggravated Battery:
A regular Battery or “simple” battery is a misdemeanor. Whereas an Aggravated Battery is a felony.
What makes a Battery Aggravated?
A Battery might be considered an Aggravated Battery if it is committed against a certain type of person. Examples of this type of person include: police officers, community policing volunteers, and firefighters. Additionally, this includes private security officers and jail workers. Also included are DHS employees who are watching over sexually dangerous or violent persons. Final examples include teachers, pregnant women, and physically disabled people.
Also, you will be charged with Aggravated Battery if you cause great bodily harm, permanent disability, or disfigurement, especially to a child, a person over 60 years old, or an intellectually disabled person.
Applicable Illinois Law:
Aggravated Battery located at 720 ILCS 5/12-3.05 of the Illinois Revised Code. Read the full statute here.
How do you win an Aggravated Battery case?
These cases are similar to other types of serious criminal offenses. Accordingly, I will obtain and review all of the evidence with you. Next, I will present our side of the case. Every case has two sides to the story. My job is to show the court that the side the prosecutor is presenting is not the entire story. Generally, I will file pre-trial motions to obtain the actual accuser’s testimony. As a defendant, you never have to testify if you do not want to, but the accuser must. However, by obtaining the accuser’s actual testimony, I can lock in their story. Then, I can begin to show both sides of the story.
Here is a video discussing how to win a criminal case.
For more specific information and to review the facts of your case, call Attorney Young for a no-obligation consultation.