Aggravated battery on a police officer is a serious crime anywhere, but in Illinois, these charges are taken particularly seriously. If you have been charged with aggravated battery on a police officer, you need an experienced criminal defense attorney to assist you in crafting your defense because you are facing significant penalties if convicted.
What is Aggravated Battery on a Police Officer?
A simple battery occurs when someone “causes bodily harm to an individual” or “makes physical contact of an insulting or provoking nature with an individual.” The person committing the battery must act “intentionally or knowingly without legal justification.” (720 Ill. Comp. Stat. § 5/12-3). The physical contact need only be offensive to qualify as a simple battery.
An aggravated battery is contact that occurs with additional factors that make it more serious. Illinois law states that an aggravated battery occurs when a person knowingly causes great bodily harm, disfigurement, or permanent disability to another person during the course of a battery. Perhaps the assailant utilized a weapon such as a gun. Perhaps the victim of the battery belonged to a protected class of people, such as police officers. In these situations, the act becomes aggravated battery.
A recent example of aggravated battery against a police officer in Illinois occurred when a 21-year-old man slapped an officer in the face. Even though the police officer did not suffer any lasting injuries, the defendant was still charged with aggravated battery. The state charged the man with aggravated battery because he knowingly and without legal justification caused bodily harm to the officer, knowing that he was a peace officer engaged in the performance of his official duties at the time.
What are the Penalties for Aggravated Battery on a Police Officer?
Aggravated battery is a serious charge with serious consequences. A simple battery is a Class A misdemeanor with a maximum one-year county jail sentence and a fine of up to $2,500. Aggravated battery in Illinois is a Class 3 felony with a possible sentence of three to five years in county jail and a fine of up to $10,000.
The penalties for aggravated battery of a police officer are quite serious. Those convicted could spend five years in prison and pay a significant fine of up to $10,000. If you are facing an aggravated battery charge, you need an experienced criminal defense attorney on your side to ensure your rights are protected. Contact Glasgow & Olsson by phone or by filling out our online form.
(image courtesy of Jack Finnigan)