(a) A person commits battery of an unborn child if he intentionally or knowingly without legal justification and by any means causes bodily harm to an unborn child. It all depends on the circumstances and aggravating factors present. Found inside – Page 15JAMIE FOSTER SPEECH ILLINOIS CAPITOL In January 2011 , in what we will call Illinois " County A " , a drunk ... aggravated battery , despite a previous domestic violence conviction that should have meant a mandatory felony for him . This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment. Battery is a Class A misdemeanor. Found inside – Page 483On October 31 , 1969 , he was found guilty and sentenced to 6 months in the County Jail and fined $ 500.00 . He filed a notice to appeal ... He was arrested on October 11 , 1969 on charges of aggravated battery and resisting arrest . Start here to find criminal defense lawyers near you. Found insideWhere at the first sentencing hearing, when the sentence of probation was entered on the aggravated kidnaping offense, the trial judge stated the aggravated battery conviction merged into the kidnaping offense; however, at the second ... If the use of … Aggravated battery is a more serious form of battery in Illinois, and is a felony.. Due to the way that the Illinois aggravated battery law is written … If you are facing a charge of aggravated assault or battery in Illinois, an attorney can investigate the case and determine if you were wrongfully charged or there are other reasons why the case should be dismissed before trial. As relevant here, that subsection provided: (d) Offense based on status of victim. But Section 12-3.05 provides that aggravated battery is at minimum a Class 3 felony. Stat. Search Illinois Statutes. (b) Sentence.Battery is a Class A misdemeanor. Aggravated battery with a firearm is prohibited in Illinois by Illinois statute 720 ILCS 5/12-3.05 (e). Aggravated Battery lawyer, James Dimeas, has had experience handling Aggravated Battery cases in Chicago, Cook County, DuPage County, Kane County, and Lake County under the second way an Aggravated . Accordingly, before making any assumption that said information is factual and complete, please send written correspondence to the Illinois Department of Corrections- Public Information Office, 1301 Concordia Court, P.O. Aggravated domestic battery is a serious crime – and it’s one that carries a harsh sentence if you’re convicted. Found inside – Page 556I In November 1984, Richard Stephenson was murdered in a suburb of East St. Louis, Illinois. ... but police traced him to a jail in Montgomery County, Illinois, where he was being held pending trial on a charge of aggravated battery, ... (730 Ill. Comp. (Source: P.A. 77-2638. . § § 5/5-4.5-25, 5/5-4.5-50.). carry with battery with abused by their court has a penalty structure and. (c) Sentence. This crime can carry up to a Class 2 felony status. ), Illinois considers a crime to be aggravated battery if the defendant intentionally strangled or suffocated the victim, or knowingly caused the victim (including a fetus) to suffer great bodily harm, permanent disability, or disfigurement. In illinois, almost any regular battery can rise to . If you've been arrested for battery in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case. You can be charged with aggravated battery if the … Kavion K. Poplous, 18, a freshman at Western Illinois University, is charged with two counts of attempted first-degree murder and one count each of aggravated battery and aggravated discharge of a . (b) Sentence. Illinois Sentencing. with first degree murder, aggravated criminal sexual assault or aggravated battery with a firearm. We invite you to contact us and welcome your calls. (a) A person who, in committing a battery, knowingly 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 commits heinous battery. Cherry, 2014 IL App (5th) 130085, ¶ 19. The statute … Like all Class A misdemeanors, domestic violence can be punished by a maximum sentence of 1-year in jail and a fine of $2,500. He may be able to decrease his sentence by earning . Section 12-2 also furnishes the Illinois punishment for aggravated assault. (b) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is harmed. Heinous battery is a Class X felony for which a person shall be sentenced to a term of imprisonment of no less than 6 years and no more than 45 years. Both types of domestic battery are serious crimes, but standard domestic battery is a Class A misdemeanor (unless you use a firearm, or the case involves a child or a sexual assault – then it becomes a Class 4 felony). A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. Stat. (a) A person who, in committing a domestic battery, knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery. However, if the person accused of the aggravated battery: was armed with a gun while committing the crime, 15 years can be added to the sentence imposed by the court; personally discharged the gun, 20 . merchants enforcing public health and safety rules, guidelines, or recommendations issued as part of an emergency or disaster. Found inside – Page 112Foods fire, in which the plant owner pleaded guilty to manslaughter and received a 20-year prison sentence. ... charging each with multiple counts of aggravated battery, reckless conduct, and conspiracy under the Illinois criminal code. Found insideMiranda warnings are not required when the suspect is unaware that he is speaking to a law enforcement officer and ... to a jail in Montgomery County, Illinois, where he was being held pending trial on a charge of aggravated battery, ... (720 Ill. Comp. (b) In committing a battery, a person commits aggravated battery if he or she: (1) Uses a deadly weapon other than by the discharge of a firearm, or uses an air rifle as defined in the Air Rifle Act; (2) Is hooded, robed or masked, in such manner as to conceal his identity; (3) Knows the individual harmed to be a teacher or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes; (6) Knows the individual harmed to be a community policing volunteer while such volunteer is engaged in the execution of any official duties, or to prevent the volunteer from performing official duties, or in retaliation for the volunteer performing official duties, and the battery is committed other than by the discharge of a firearm; (7) Knows the individual harmed to be an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties; (8) Is, or the person battered is, on or about a public way, public property or public place of accommodation or amusement; (8.5) Is, or the person battered is, on a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24-hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)-sanctioned sporting event, United States Olympic Committee-sanctioned sporting event, or International Olympic Committee-sanctioned sporting event is taking place in this venue; (9) Knows the individual harmed to be the driver, operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location; (10) Knows the individual harmed to be an individual of 60 years of age or older; (11) Knows the individual harmed is pregnant; (12) Knows the individual harmed to be a judge whom the person intended to harm as a result of the judge's performance of his or her official duties as a judge; (14) Knows the individual harmed to be a person who is physically handicapped; (15) Knowingly and without legal justification and by any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16A-5 of this Code. (a-5) Violation of Section 33A-2(a) with a Category II weapon is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of 10 years. Aggravated battery is classified up to a Class X felony, and a conviction can carry a serious sentence. For a free initial consultation about Illinois sentencing guidelines and mitigation, call me at 866-852-6426, locally at 773-467-7079 or contact my law firm online. In the majority of cases, aggravated assault is normally charged as a Class A … For the purpose of paragraph (20) of subsection (b) and subsection (e) of this Section, "private security officer" means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Words alone are not an assault in Illinois, but threatening to hit someone, when said in a menacing or angry manner and accompanied by conduct consistent with the threat, is an assault if the words and conduct cause the victim to reasonably believe that he is about to be struck or injured. Stat. Statutes. Stat. In August 2020, Illinois enacted a law that turns simple battery into aggravated battery when the victim is a retail worker who's enforcing rules on wearing face masks or practicing social distancing in stores during the COVID-19 pandemic. Domestic Battery is a Class A Misdemeanor which carries a possible sentence of up to one year in jail and a fine of up to $2,500. If you’re convicted of misdemeanor domestic battery, you could spend up to a year in jail and have to pay fines of up to $2,500. 1-1-08; 95-256, eff. For a discussion of misdemeanor assault and battery, see Assault and Battery Laws in Illinois. For all sentences that include prison a person will only serve 50% of the sentence if the Department of Corrections has determined that they have behaved well in custody and deserve good time credit except for the following circumstances: A person will serve 100% of the time sentenced for First Degree Murder. Aggravating Factors There can be certain actions that distinguish a crime from simple charges to aggravated, thus resulting in more serious consequences. (720 Ill. Comp. A person on probation must meet regularly with a probation officer and comply with conditions set by the court, such as no further arrests or convictions, attending counseling or performing community service. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. If a felon is convicted later of another crime, his felony record can subject him to a harsher sentence in the new case. You always have the right to talk to an attorney about your case, so if you’ve been accused of aggravated domestic battery, you can call us at 847-920-4540 for a free domestic battery case review. Found insideThe lesser aggravated battery conviction was merged into the greater attempted murder conviction at sentencing, where Gentry was sentenced to the Illinois Department of Corrections for a term of 45 years. Found inside – Page 4Jury verdicts of guilty were returned as to aggravated battery and armed violence . ... entered judgment on the armed violence charge and sentenced petitioner to the Illinois Department of Corrections for a term of six years . § 5/5-5-6.). Found inside – Page 80Today he teaches early childhood development at the University of Illinois . ... Bernardine Dohrn : Surrendered in 1980 and pleaded guilty to aggravated battery and bail - jumping charges stemming from anti - war protests in 1969. If you have been arrested on charges of domestic battery or aggravated domestic battery in Illinois, you should contact an experienced criminal defense attorney as soon as possible. Please tell us a few details so we can be prepared when we call. Lastly, this section of Illinois law makes it a crime to batter an unborn child. 7-15-99. Aggravated battery is charged as a felony. Penalties for Aggravated Battery in Illinois. Found inside – Page 8The maximum sentence under the relevant Illinois murder statute , " knowingly creating a strong probability of death ... Last fall , State's Attorney Richard M. Daley won indictments on 52 counts of aggravated battery and 40 counts of ... United States v. Lynn, 851 F.3d 786, 797 (7th Cir. Mandatory minimums may be enforced with aggravated sexual assault charges. If a person violates a condition of probation, he can be arrested and required to serve the remainder or a remaining part of his sentence in jail. Higher classes have higher sentencing ranges. You can also be charged with and convicted of aggravated domestic battery if you strangle the victim (which means you intentionally stopped the person from breathing normally in any way, or stopped his or her blood from circulating properly by applying pressure on that person’s throat or neck). Found inside – Page 51... statute providing for higher penalties if a criminal selects victims because of their race, religion, or sexual orientation.109 The Supreme Court upheld the punishment of a black Kenosha man whose sentence for aggravated battery had ... The Law Office of Steven R. Hunter. Basic Ranges for Prison Sentences (excluding the firearms add-ons) First-degree murder: 20 - 60 years. Aggravated Domestic Battery Sentencing. Generally, domestic battery is a Class A misdemeanor in Illinois. Found inside – Page 208that Hosam Smadi sought and attempted to bomb the Fountain Place office tower, but a coordinated undercover law ... faith while in an Illinois prison from 2001 to 2006, serving a sentence for aggravated robbery and aggravated battery. If the charges are not dismissed, an attorney may be able to negotiate a plea bargain with the prosecutor on your behalf, or prepare a defense and represent you at trial if you believe you have been wrongly accused or if there are no reasonable plea options. Please see the Illinois Department of Corrections full disclaimer page for important . Battery of an Unborn Child. If you've been accused of any type of domestic battery, the consequences of a conviction … DISCLAIMER: These excerpts from the law are provided for reference purposes only. Stat. Felony offenders may also be fined up to $25,000. (730 Ill. Comp. (720 Ill. Comp. Probation is not allowed for Class X felony convictions. The maximum penalties for the charge of Aggravated Domestic Battery, is between one to three years in the Illinois Department of Corrections and Fines and Cost of $25,000.00 or both. ), Return to Illinois Criminal Code of 1961 Table of Contents. Aggravated battery is classified up to a Class X felony, and a conviction can carry a serious sentence. For example, if you are charged with aggravated assault because the assault involved a deadly weapon (other than a firearm), you will be charged with Class A misdemeanor. The text below comes from Article 12 of the Illinois Criminal Code of 1961. Stat. My goal is to get you through this with the lowest possible sentence, if any. Aggravated domestic battery is a Class 2 felony with a mandatory minimum prison sentence of 60 days. (d-5) An inmate of a penal institution or a sexually dangerous person or a sexually violent person in the custody of the Department of Human Services who causes or attempts to cause a correctional employee of the penal institution or an employee of the Department of Human Services to come into contact with blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that fluid or material commits aggravated battery. Learn how your comment data is processed. Battery(720 ILCS 5/12-3) (from Ch. violence and remanded for sentencing on the remaining conviction for aggravated battery. Class X felony: 6 - 30 years. 720 ILCS 5/33A-2 (2010); 720 ILCS 5/12-4.2 (2010). Found inside – Page 135Each was sentenced to 25 years in prison, and the corporation was convicted of manslaughter and reckless conduct and ... each with multiple counts of aggravated battery, reckless conduct, and conspiracy under the Illinois criminal code. It should be noted that are many additional circumstances under which a defendant can be convicted of aggravated battery, all of which are explained in this section of Illinois Criminal Code. Do Not Sell My Personal Information, Assault & Battery With a Deadly Weapon in Illinois, requirement from the Illinois Department of Public Health, uses a deadly weapon, including a firearm, is hooded or robed so as to conceal that person's identity, uses an object that is manufactured or designed to look like a real firearm, operates a motor vehicle in a manner that causes the victim to fear he is about to be struck, or. (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4) Sec. There are a few circumstances that can make a domestic . (720 Ill. Comp. Found inside(b) Sentence. Domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has ... aggravated domestic battery (Section 12-3.3) [720 ILCS 5/12-3.3], aggravated battery (Section 12-3.05 or 12-4) [720 ... 720 ILCS 5/123.2(c) (West 2006). That would include the requirement from the Illinois Department of Public Health to wear face coverings in public when you can't keep six feet apart from others, such as when shopping in stores, at curbside pickups, or on public transportation. Found inside – Page 759States participating in the program were Alabama , California , Colorado , Delaware , Hawaii , Illinois , Kentucky , Maine ... Assault -- attempted murder , simple assault , aggravated assault , aggravated battery , vehicular assault ... The court can impose probation instead of imprisonment for aggravated assault or battery, or after the defendant has spent some time in custody. When Women Are Falsely Accused of Domestic Battery, What to Do if You’re Charged With Domestic Battery in Skokie, Domestic Violence Charges in Illinois: What You Need to Know. Aggravated Battery with a Firearm is a Class X offense. The threat of harm must cause the victim to fear an immediate attack. (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. The criminal offense of aggravated domestic battery constitutes a class 2 felony under … 12-3)Sec. In this paragraph (22), "utility worker" means a person employed by a public utility as defined in Section 3-105 of the Public Utilities Act and also includes an employee of a municipally owned utility, an employee of a cable television company, an employee of an electric cooperative as defined in Section 3-119 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or an electric cooperative, or an employee of a telecommunications carrier as defined in Section 13-202 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier, or an employee of a telephone or telecommunications cooperative as defined in Section 13-212 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telephone or telecommunications cooperative. Copyright � 2021. Found inside... counts of aggravated battery with a firearm, finding that he personally discharged a firearm during the attempted murders and proximately caused great bodily harm to Johnny and Bryan. ¶ 22 B. Sentencing ¶ 23 Defendant's sentencing ... The Illinois Sentencing … Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. There are a number of factors that are considered "aggravating," including the use of a weapon or causing significant bodily harm . In Illinois, simple assault is a Class C misdemeanor, while simple battery is a Class A misdemeanor. Aggravated battery. Permanent disfigurement refers to an alteration of the physical body such as a visible scar or severe burn on someone's face or other body part, loss of a limb, or a broken bone that alters one's physical appearance. The law applies when employees are relaying the store's health and safety directives or any rules, guidelines, regulations, or recommendations issued by a local, state, or federal public health agency during a disaster or public health emergency. (720 Ill. Comp. (a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery. (a) Offense based on injury. 720 ILCS 5/12-14.1 (West 2006). The degree of the felony depends on the nature of the crime. In an attempt to discourage attacks on workers . (Source: P.A. This site uses Akismet to reduce spam. ), (730 Ill. Comp. Stat. § 5/12-3.05.). Can Domestic Battery Charges Be Dropped in Illinois? A jury in October found the former Chicago police officer guilty of second-degree murder and 16 counts of aggravated battery with a firearm in the fatal shooting of 17-year-old Laquan McDonald. In addition to any other sentence imposed, a person who commits, in . Threatening to harm someone in the future is not an assault. Section 720 ILCS 5/33A-3 - Sentence (a) Violation of Section 33A-2(a) with a Category I weapon is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of 15 years. 2) You were charged with a Class 2 felony because aggravated battery upon a police officer is not a Class 3 felony but rather a Class 2 felony per 720 ILCS 5/12-4(e)(2): "Aggravated battery that does not cause great bodily harm or permanent disability or disfigurement is a Class 2 felony when the person knows the individual harmed to be a peace . In some states, the information on this website may be considered a lawyer referral service. (2.4) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun . Illinois 36 Aggravated battery Illinois 36 Unlawful use of a credit card Illinois 36 Domestic battery Illinois 41 Domestic battery Illinois 42 Driving on a suspended/revoked li- 2017) (analyzing whether prior codification of Illinois's aggravated battery statute constitutes a crime of violence). 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. For the misdemeanor battery charge, the Illinois man allegedly kicked a victim in the stomach. ), (730 Ill. Comp. A conviction will result in six to 30 years in prison, which can be extended to a life sentence.
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