What is the difference between Battery and Aggravated Battery:
A battery becomes an aggravated battery if the battery is committed against a certain type of individual or if the harm caused is great.
1. Committed against a certain type of individual:
This includes committing a battery against: a police officer, community policing volunteer, fireman, private security officer, correctional institution employee, Department of Human Services employee who is supervising or controlling a sexually dangerous or violent person, a teacher, a pregnant person or a person with a physical disability.
Also included is causing great bodily harm or permanent disability or disfigurement to an individual over 60 years old, or against a child or an individual with intellectual disability.
2. The harm caused is great:
Causing great bodily harm or permanent disability or disfigurement.
Illinois law on Aggravated Battery:
Aggravated battery located at 720 ILCS 5/12-3.05 of the Illinois Revised Code. Read the full statute here.
How to Win an Aggravated Battery case:
Aggravated battery is similar to any other type of serious criminal offense. As an attorney I have to obtain and review all of the evidence with my client and then present our side of the case. Every case has two sides to the story and my job is to show the court that what the prosecutor is claiming is not the entire story. Generally, I will file pre-trial motions so I can obtain the actually accusers testimony. As a defendant, you never have to testify if you do not want to but the person who is accusing you must. By obtaining the actual testimony of the accuser, I can lock in their story and began to show that there are two sides as to what occurred.
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.