What is 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 becomes an aggravated battery if you commit it against certain people. For example, these people include police officers, community policing volunteers, and firemen. Additionally, they include private security officers and jail workers. More examples include DHS employees who are watching over sexually dangerous or violent persons. Final examples include teachers, pregnant women, and physically disabled people.
Also, 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?
Aggravated battery is 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 that there are two sides of the story. Only by taking these steps can a proper defense be made to protect you.
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.