AGGRAVATED BATTERY

The Aggravated Battery laws include various crimes. The most common is committing a battery while armed with a deadly weapon. Battery is defined as intentionally or knowingly, without legal justification, and by any means, causing great bodily harm to an individual or making contact of an insulting or provoking nature.

The act of pushing someone could be a battery. If a weapon is used, it becomes aggravated battery as written above, and a felony. The weapon need not be a firearm or knife. Examples of other weapons include bats, “Billy clubs”, and brass knuckles.

While typically punching another person is a Class A misdemeanor, if the person is in a certain class of people, the act becomes a felony. People in the class include, but are not limited to: police officers, fire fighters, paramedics, teachers, bus drivers, persons over the age of 60, persons who are handicapped, and utility workers.   

Felony aggravated battery charges can also be brought if the battery takes place in a public place, like on a street.

Aggravated battery is a Class 3 felony, punishable by 2 to 5 years in the Illinois Department of Corrections. However, if the victim is a member of one of the classes mentioned above, it can be charged as Class 2 felony, and if great bodily harm is caused, a Class 1 felony (4-15 years).

Aggravated battery with a firearm is charged when injury is caused when a weapon is discharged. It is a Class X felony.