Aggravated Battery in Chicago, Illinois

What is an Aggravated Battery Charge in Chicago, Illinois?

Usually a Class 3 felony offense, aggravated battery can be elevated to a Class 2 felony, Class 1 felony or X felony depending on the circumstances surrounding your case.

You could be facing an aggravated battery charge if you allegedly committed battery and it:

• Caused great bodily harm
• Caused permanent disability
• Caused disfigurement
• Was committed with the use of a deadly weapon

What Factors Turn a Chicago Battery Charge into an Aggravated Battery Charge in Chicago?

There are a variety of aggravating factors that usually result in a battery charge being heightened to an aggravated battery charge.

These factors include:

• Severe injuries: When the offense results in the alleged victim suffering great bodily harm, permanent disability or disfigurement
• Vulnerable victims: If the alleged victim is a police officer, firefighter, teacher, emergency worker or individual aged 60 or older
• Protected locations: If you committed the alleged offense on public property (such as at a park or bar) or at a school or place of amusement
• Deadly weapons: If you used a deadly weapon, such as a firearm or knife, during the alleged offense
• Concealment: If you were masked, hooded or robed, to hide your identity during the crime

If any of these factors are present in your case, it is important that you don’t delay in speaking with our Chicago aggravated battery defense lawyer so we can begin building the strongest defense possible for you.

What Penalties Should I Expect for an Aggravated Battery Charge in Chicago?

A felony offense, aggravated battery, is usually charged as a Class 3 felony, however, it can be elevated to a Class 2 felony, Class 1 felony or X felony, depending on the circumstances of your case. If your case involves a protected victim status (such as a police officer or elderly individual), the use of weapons or severe harm, you can expect to face heightened charges and penalties.

Penalties for this offense begin at:

• 2-5 years in prison
• Fines up to $25,000
• Possible probation
• Permanent criminal record

Additionally, felony convictions come with other long-term consequences such as the loss of a professional license, difficulty obtaining employment and housing and loss of civil rights.

Can Aggravated Battery Charges be Reduced or Dismissed in Chicago?

With our Chicago aggravated battery defense lawyer behind you, we will fight to obtain the most favorable outcome to your case, which may include getting your charges reduced or dismissed.

Strategies to get aggravated battery charges reduced or dismissed, include:

• Challenging the evidence
• Showing the state can’t meet the burden of proof
• Negotiating with the prosecutors due to a weak case
• Establishing your actions were taken in self-defense

Additionally, if the alleged victim doesn’t want to press charges, the state will have to make a decision on whether or not to move forward with the case.

Aggravated battery may be reduced to simple battery (a misdemeanor offense) if the prosecution can’t prove an aggravating factor such as serious injury, weapon use or protected victim. If the evidence or witness testimony against you is weak or inconsistent, we can use that to seek reduced or dismissed charges.

What to Do After an Aggravated Battery Arrest in Chicago

The steps you take after being arrested for aggravated battery have the potential to work for your case or against your case. Even some actions that might seem innocent (such as defending your side of the story to the police) can land you in much greater trouble.

After being arrested for aggravated battery in Chicago, you should do the following:

• Remain silent with the police
• Don’t discuss your case with anyone
• Retain legal representation
• Don’t contact the alleged victim
• Document every detail you can remember
• Preserve evidence
• Follow all bond conditions
• Show up to your court dates
• Avoid getting arrested again

When you are scared and overwhelmed, it’s easy to make the wrong moves. Speaking with a trusted Chicago aggravated battery lawyer as soon as possible can help you avoid costly mistakes.

Common Defense Strategies in Chicago Aggravated Battery Cases

Depending on the details surrounding your case, there could be a variety of defenses available to you.

Common defense strategies in Chicago aggravated battery cases include:

• Self-defense: You used the force necessary to protect yourself from imminent harm.
• The defense of others: You used the force necessary to protect someone else from imminent harm.
• Defense of property: You used the force necessary to lawfully protect your property.
• Mistaken identity: We may be able to argue that you were not the person who committed the offense, if the incident happened quickly, visibility was poor, or the police relied on flawed lineups or photo arrays.
• False allegations: We may be able to claim that the alleged victim is lying about the incident – this is a common defense used in domestic violence or custody disputes.
• Lack of intent: We may be able to argue that the injury was accidental and not a “knowing or intentional act” committed by you.
• Lack of evidence: Because the burden of proof rests upon the prosecution, we may be able to show that there is a lack of evidence, medical witnesses or witness testimony to prove “great bodily harm.”
• Alibi: If you were somewhere else when the incident occurred, then an alibi defense may be able to be used in your case.

Mistakes to Avoid in a Chicago Aggravated Battery Case

It’s easy to misunderstand the criminal justice process and to make seemingly small mistakes that can have serious consequences in your Chicago aggravated battery case.

Mistakes you should avoid making in your aggravated battery case include:

• Not taking the charges seriously
• Underestimating the severity of the charges
• Assuming you are safe without injuries
• Assuming self-defense is easy to prove
• Assuming things will blow over
• Letting emotions take over
• Acting out of panic or emotion
• Saying the wrong thing
• Making statements to police without a lawyer
• Giving inconsistent statements to others
• Thinking venting to others can’t be used against you
• Contacting the wrong people
• Apologizing, explaining or trying to fix things with the alleged victim
• Ignoring no-contact orders
• Mishandling evidence
• Destroying evidence
• Failing to preserve helpful evidence
• Delaying or avoiding legal help
• Trying to handle the case yourself
• Waiting too long to hire a lawyer
• Ignoring court obligations
• Missing court dates

When you work with our legal team at Combs Waterkotte, we are committed to protecting both your peace of mind and your rights and freedom. Don’t gamble with your future– protect yourself by retaining a skilled and compassionate legal advocate during this time.