If you were charged with Aggravated Battery with a Firearm, the first thing to know is that you are facing a serious criminal offense under Illinois law. Aggravated battery with a Firearm under 720 ILCS 5/12-3.05 defines several forms of aggravated battery, including offenses that involve the discharge of a firearm.
A conviction of this charge can come with varied punishments, none of which should be taken lightly. Your most effective approach to protect yourself and avoid jail time is to have an attorney representing your best interests. The Schaumburg weapons defense lawyers at Glasgow & Olsson have the resources, experience, and background to help you safeguard your good name and your freedom.
What is an Aggravated Battery in Illinois?
In Illinois, battery is when someone knowingly causes bodily harm to another person without legal justification. Additionally, battery can also be making physical contact of an insulting or provoking nature.
Aggravated battery, on the other hand, occurs when additional circumstances make the conduct more serious under the statute. Section 12-3.05 contains multiple categories of aggravated battery. These can involve:
- The extent of the victim’s injuries
- The victim’s status
- Where the incident occurred
- The use of certain weapons
- Other specific conduct
A particularly serious category involves the use and discharge of a firearm.
How Does Firearm-Related Aggravated Battery Occur?
Under subsection (e) of 720 ILCS 5/12-3.05, a person can commit aggravated battery when, while committing a battery crime, the person knowingly discharges a firearm and causes an injury to another person. The statute separately addresses circumstances involving:
- Machine guns
- Firearms equipped with silencers
- Certain protected categories of victims
It is important to understand that the law distinguishes between simply possessing or displaying a firearm and discharging one. It is the conduct involving the discharge of a firearm and resulting injury that will lead to a firearm-related aggravated battery charge.
Potential penalties if convicted depend heavily on which subsection of the statute applies. For example, if aggravated battery involves the discharge of a firearm that results in injury, this is a Class X felony. Class X felony crimes are the most serious felony classification and carry significant prison exposure and other long-term consequences.
For aggravated battery with a firearm governed by 720 ILCS 5/12-3.05(e), the sentences can be substantially greater than the ordinary Class X range. The exact penalty depends on the specific subsection and the circumstances that are alleged during the event. It is possible that a person who is convicted could spend up to 60 years in prison.
Get Qualified Legal Help Today
Understanding your rights and obtaining legal representation early when you are facing allegations of gun law violations in Illinois best positions you for the most favorable results. For more information, please speak with our Schaumburg criminal defense attorneys at Glasgow & Olsson today and learn how decades of trusted experience can protect what matters most to you.
Our law firm is widely recognized as a leading authority in criminal law. For this reason, Attorney Thomas T. Glasgow is a trusted legal voice who is regularly invited to appear on major networks, including ABC, CNN, NBC, CBS, and Fox News.
When your rights and freedoms are on the line, having an attorney on your side with an excellent reputation and unimpeachable experience matters.