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What Is Aggravated Battery?
Everything You Need To Know

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Collen Clark Published by Collen Clark

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Understanding Aggravated Battery Charges

Facing an aggravated battery charge can have serious consequences for your future. Understanding exactly what you are dealing with is the first step to protecting your rights.

Whether you or someone you know has been charged, knowing the legal definitions, penalties, and defense options is essential.

Quick Summary 

  • Aggravated battery involves the use of a deadly weapon or force causing significant injury.
  • Prosecutors must prove the crime beyond a reasonable doubt with strong evidence.
  • Penalties vary, with some cases leading to long-term imprisonment.
  • Hiring a criminal defense lawyer is crucial for a strong defense.

Aggravated vs. Simple Battery: Key Differences

A person wielding a hammer ready to strike

What Is Aggravated Battery?

Aggravated battery is a violent crime that involves intentional harm or the use of a deadly weapon. This offense is typically classified as a felony and carries severe penalties, including prison time and hefty fines.

Common Examples of Aggravated Battery

  • Using a weapon (gun, knife, blunt object) to harm another person.
  • Inflicting injuries that require medical intervention, such as surgery.
  • Battery against protected individuals (law enforcement officers, medical personnel, elderly individuals).

What Is Simple Battery?

Simple battery, on the other hand, involves physical contact that may or may not result in injury. The key distinction is that simple battery does not include the use of deadly weapons or severe bodily harm.

Common Examples of Simple Battery

  • Threats or attempts to strike someone without actual harm.
  • Unwanted physical contact without consent.
  • A doctor performing a medical procedure without a patient's permission.

Assault with Serious Physical Injury

A beat up woman looking down

Serious physical injury refers to harm that leads to permanent disability, disfigurement, or a substantial risk of death. Examples include:

  • Permanent scarring or severe wounds.
  • Injuries requiring extensive medical treatment or rehabilitation.
  • Loss of function in a limb or organ.

Assault with a Deadly Weapon 

A deadly weapon in a crime sceneIn some states, battery involving a "deadly weapon" is considered aggravated battery [1]. The prosecutor must show that the offender used a dangerous weapon in the conduct of the crime in order to win a conviction.

If an object has the potential to cause death or permanent disfigurement, it is considered a lethal weapon.

By definition, a pistol, machine gun, and a huge knife are deadly weapons since they are intrinsically harmful and even designed to injure others. Other items, such as rocks, stones, or even a boot, can be used as lethal weapons if they are employed in a way that is likely to cause great bodily harm or death.

"A person commits aggravated battery when, in committing a battery: 1) Intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement; 2) Use of a deadly weapon; 3) Are hooded, robed or masked, in such manner as to conceal their identity..” Illinois Statute 720 ILCS 5/12-4

Proving a Complex Aggravated Battery Case

A lawyer looking at paperwork

To convict a person of aggravated battery, the prosecution or district criminal defense attorney must present evidence at trial and establish all aspects of the crime beyond a reasonable doubt.

The evidence must demonstrate:

  • That the defendant used physical force on the victim with the goal of causing temporary disfigurement or great bodily harm, or that the attack was carried out with a deadly weapon
  • The prosecutor must offer precise evidence of the harm and its severity if the battery was worsened by serious injury
  • Photographs showing transitory injuries such as bruises or scratches could be used as evidence in the instance of temporary deformity. In the case of more serious bodily harm, the prosecutor may call a doctor to testify about the injuries and necessary treatment or the alleged victim to testify about the agony and healing process
  • The aggravated battery-based case must include detailed information concerning the weapon and how it was "deadly" if the battery was aggravated by the use of a deadly weapon

Evidence of the object used and caused great bodily harm may be sufficient to demonstrate the use of a deadly weapon if it is not a deadly weapon by definition—for example, evidence that an assault by a defendant wearing heavy work boots resulted in major internal abdominal trauma would establish the boots as a deadly weapon.

Aggravated Battery Penalties

Penalties for aggravated battery vary depending on the severity of the offense and state laws.

Severity Possible Penalties
Minor injuries Up to 1 year in jail, fines, or probation
Moderate injuries 1-3 years in state prison
Use of a deadly weapon 4-15 years in prison and fines up to $25,000
Against a police officer Class 1 felony, 4-15 years in jail, increased fines

Repeat offenders and those with prior violent convictions may face harsher penalties.

Steps to Take If You Are Charged With Aggravated Battery

If you have been charged, taking the right steps immediately can make a significant difference in your case:

  • Remain Silent: Avoid making statements to law enforcement without an attorney.
  • Gather Evidence: Collect any possible evidence, such as witness contacts or surveillance footage.
  • Hire a Defense Attorney: A skilled attorney can help challenge the prosecution’s case and negotiate for reduced charges.
  • Understand Your Rights: Learn about possible defenses, including self-defense or lack of intent.

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FAQs

What's the difference between an aggravated battery and an assault?

The difference between an aggravated battery and assault is that aggravated battery is committed by physical violence and assault implies that threats and intimidation occurred.

Do you need to look for a criminal defense lawyer in case of an aggravated battery charge?

Yes, you do need to look for a criminal defense lawyer in case of an aggravated battery charge. An experienced attorney can help you fight a conviction and present specific evidence.

Who are considered protected individuals in aggravated battery cases?

Protected individuals can include law enforcement officers, firefighters, emergency medical personnel, teachers, elderly persons, and other public servants. Committing battery against these individuals often results in enhanced charges and penalties.

Get an Evaluation for Your Aggravated Battery Case

Consult an experienced criminal attorney if you've been arrested or charged with aggravated battery. A skilled attorney can thoroughly present the case in your state and guide you on your options. 

Schmidt & Clark, LLP has been named one of the nation's top plaintiff's legal firms year after year and handles lawsuits in all 50 states. Click here to discover more and get a free evaluation for your aggravated battery case. 


References:

1.https://www.law.cornell.edu/wex/aggravated_battery