What’s the difference between battery and aggravated battery? What do they mean if you are charged? Good questions! If you are charged with Battery (720 ILCS 5/12-3) or Aggravated Battery (720 ILCS 12-3.05), you will need experienced legal representation. Battery is a Class A Misdemeanor, punishable by up to 365 days in jail and/or up to a $2500 fine. Aggravated Battery is a Felony offense and can range from a Class 4 Felony (punishable by up to 3 years in prison and/or a fine of up to $25,000) to a special Class X Felony (punishable by up to 60 years in prison), depending on the circumstances of the case.
Battery is simply defined as knowingly causing bodily harm to another individual or making insulting or provoking contact with an individual without any legal justification. Misdemeanor battery is often referred to as “simple battery” and is the most commonly charged form of battery. However, there are many different factors that can elevate a “simple battery” to a felony charge of Aggravated Battery. Even if your case starts as a misdemeanor battery, if any of these factors are present, a prosecutor can easily increase the case to an Aggravated Battery if they choose.
The most common factors that elevated a battery to an aggravated battery are, the nature and extent of the injury to the victim, the location at which the battery takes place, the status of the victim, and the type of weapon used in the commission of the battery.
Causing great bodily harm or physical disfigurement to the alleged victim of the battery when no other aggravating factors are present, is a Class 3 Felony, punishable by up to 5 years in prison and/or a $25,000 fine.
If the battery is committed on a public street, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter, and there are no other aggravating factors present, it is also a Class 3 Felony, subject to the same possible maximum punishments.
Misdemeanor battery may also rise to the level of felony battery if the alleged victim is over the age of 60, under the age of 13, a police officer, pregnant, physically or intellectually disabled, a teacher or other school employee, as well as many other conditions. Aggravated Battery of a Police Officer is a very common charge based on the status of the alleged victim and is a Class 2 Felony, punishable by up to 7 years in prison and/or a $25,000 fine.
Aggravated Battery which alleges the use of a firearm, explosive, or a chemical, biological or radioactive substance, is the most serious of the Aggravated Battery charges and is a Class X felony, punishable by up to 30 years in prison, or, in some cases up to 45 or 60 years in prison. Additionally, many firearm related batteries have mandatory minimum sentences that range from 6 to 25 years, which means that probation is not an option for these offenses at all. Finally, under certain circumstances additional incarceration ranging from 15 years to natural life may be imposed in addition to the sentence for the underlying offense.
The factors may also be combined together to further enhance the seriousness of the offense in innumerable different ways. Causing great bodily harm to a person over the age of 60, for example, increases the seriousness of the offense.
Battery and Aggravated Battery are serious offenses that can limit a person’s ability to obtain or maintain employment or education, and can seriously affect your freedom. If you are charged with either of these offenses, you will need an experienced criminal defense attorney who can explore the possibility of affirmative defenses, such as self defense, effectively cross-examine the State’s witnesses, and negotiate with the prosecution on your behalf. Should you be facing these charges, contact the experienced criminal defense attorneys at Hall Rustom LLC to defend your case.
Below is the precise statute published in the Illinois Compiled Statutes. If you are charged with Battery or Aggravated Battery, email Attorney Jeff Hall at hall@hallrustom.com for a free consultation. You can also call our law firm Hall Rustom LLC at 309-699-4691 to set up a free consultation or fill out our online contact form.
(720 ILCS 5/12-3)
Sec. 12-3. Battery.
(a) A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.
(b) Sentence.
Battery is a Class A misdemeanor.
(720 ILCS 5/12-3.05)
Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly does any of the following:
(1) Causes great bodily harm or permanent disability or disfigurement.
(2) Causes severe and permanent disability, great bodily harm, or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(4) Causes great bodily harm or permanent disability or disfigurement to an individual 60 years of age or older.
(5) Strangles another individual.
(b) Offense based on injury to a child or intellectually disabled person. A person who is at least 18 years of age commits aggravated battery when, in committing a battery, he or she knowingly and without legal justification by any means:
(1) causes great bodily harm or permanent disability or disfigurement to any child under the age of 13 years, or to any severely or profoundly intellectually disabled person; or
(2) causes bodily harm or disability or disfigurement to any child under the age of 13 years or to any severely or profoundly intellectually disabled person.
(c) Offense based on location of conduct. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she is or the person battered is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter.
(d) Offense based on status of victim. A person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or physically handicapped.
(3) A teacher or school employee upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(4) A peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(5) A judge, emergency management worker, emergency medical technician, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(6) An officer or employee of the State of Illinois, a unit of local government, or a school district, while performing his or her official duties.
(7) A transit employee performing his or her official duties, or a transit passenger.
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged commission of retail theft under Section 16-26 of this Code and the person without legal justification by any means causes bodily harm to the merchant.
(10) A person authorized to serve process under Section 2-202 of the Code of Civil Procedure1 or a special process server appointed by the circuit court while that individual is in the performance of his or her duties as a process server.
(11) A nurse while in the performance of his or her duties as a nurse.
(e) Offense based on use of a firearm. A person commits aggravated battery when, in committing a battery, he or she knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to another person.
(2) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(3) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(4) Discharges a firearm and causes any injury to a person he or she knows to be a teacher, a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(5) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(7) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(8) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a teacher, or a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person commits aggravated battery when, in committing a battery, he or she does any of the following:
(1) Uses a deadly weapon other than by discharge of a firearm, or uses an air rifle as defined in the Air Rifle Act.
(2) Wears a hood, robe, or mask to conceal his or her identity.
(3) Knowingly and without lawful justification shines or flashes a laser gunsight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.
(4) Knowingly video or audio records the offense with the intent to disseminate the recording.
(g) Offense based on certain conduct. A person commits aggravated battery when, other than by discharge of a firearm, he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled Substances Act by unlawfully delivering a controlled substance to another and any user experiences great bodily harm or permanent disability as a result of the injection, inhalation, or ingestion of any amount of the controlled substance.
(2) Knowingly administers to an individual or causes him or her to take, without his or her consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance, or gives to another person any food containing any substance or object intended to cause physical injury if eaten.
(3) Knowingly causes or attempts to cause a correctional institution employee or Department of Human Services employee to come into contact with blood, seminal fluid, urine, or feces by throwing, tossing, or expelling the fluid or material, and the person is an inmate of a penal institution or is a sexually dangerous person or sexually violent person in the custody of the Department of Human Services.
(h) Sentence. Unless otherwise provided, aggravated battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4), (d)(4), or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3) or (g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a Class 1 felony when the aggravated battery was intentional and involved the infliction of torture, as defined in paragraph (14) of subsection (b) of Section 9-1 of this Code, as the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the victim.
Aggravated battery under subdivision (a)(5) is a Class 1 felony if:
(A) the person used or attempted to use a dangerous instrument while committing the offense; or
(B) the person caused great bodily harm or permanent disability or disfigurement to the other person while committing the offense; or
(C) the person has been previously convicted of a violation of subdivision (a)(5) under the laws of this State or laws similar to subdivision (a)(5) of any other state.
Aggravated battery as defined in subdivision (e)(1) is a Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 6 years and a maximum of 45 years.
Aggravated battery as defined in subdivision (e)(5) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 12 years and a maximum of 45 years.
Aggravated battery as defined in subdivision (e)(2), (e)(3), or (e)(4) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 15 years and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6), (e)(7), or (e)(8) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 20 years and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a Class X felony, except that:
(1) if the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
(2) if, during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
(i) Definitions. For the purposes of this Section:
“Building or other structure used to provide shelter” has the meaning ascribed to “shelter” in Section 1 of the Domestic Violence Shelters Act.
“Domestic violence” has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986.
“Domestic violence shelter” means any building or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence pursuant to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or any place within 500 feet of such a building or other structure in the case of a person who is going to or from such a building or other structure.
“Firearm” has the meaning provided under Section 1.1 of the Firearm Owners Identification Card Act, and does not include an air rifle as defined by Section 24.8-0.1 of this Code.
“Machine gun” has the meaning ascribed to it in Section 24-1 of this Code.
“Merchant” has the meaning ascribed to it in Section 16-0.1 of this Code.
“Strangle” means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.
If you are charged with Battery or Aggravated Battery, you will want to contact an experienced criminal defense attorney to represent you. Attorney Jeff Hall is a former prosecutor in Central Illinois and he can assist you. Email Attorney Jeff Hall at hall@hallrustom.com. You can also call our law firm Hall Rustom LLC at 309-699-4691 to set up a free consultation or fill out our online contact form.