Battery is an extremely common offense under the Illinois Criminal Code. Unlike assault crimes that involve threats, battery requires physical contact between the alleged perpetrator and the victim. Absent some kind of intentional contact, battery does not occur under Illinois law.
While battery is typically a lower-level, misdemeanor offense, Illinois law also provides for an aggravated version. Aggravated battery is always a felony crime, which can involve more than one year in prison and severe criminal fines.
How Does Illinois Define & Punish Battery?
The Illinois definition of battery appears at 720 ILCS 5/12-3. Under this section, it is unlawful to knowingly and without justification:
- Cause bodily harm to a victim; or
- Initiate physical contact with a victim of an insulting or provoking nature.
In this context, the knowledge requirement is extremely important. To secure a conviction for battery in Illinois, the prosecution must prove beyond a reasonable doubt that the defendant acted with knowledge. In other words, the defendant must have committed battery in an intentional fashion. Minor or accidental contact rarely rises to the level of battery in Illinois.
Section 12-3 also furnishes the Illinois punishment for battery. Under this section, battery is charged as a Class A misdemeanor. If convicted for this type of misdemeanor, the penalty usually involves a maximum of 364 days in jail and $2,500 in criminal fines.
Though with this type of misdemeanor charge, Illinois judges do have the ability to award probation, instead of a criminal conviction. But the defendant must comply with all terms of their probation or face the full criminal consequences for their actions.
How Does Illinois Define & Punish Aggravated Battery?
The Illinois definition of aggravated battery appears at 720 ILCS 5/12-3.05. Under this section, battery becomes aggravated battery if the alleged perpetrator also knowingly:
- Causes great bodily harm, permanent disability, or disfigurement to the victim;
- Causes great bodily harm, permanent disability, or disfigurement to the victim, using fire, explosive, poison, chemical, radioactive substances, or similar compounds;
- Causes great bodily harm, permanent disability, or disfigurement to the victim, knowing that the victim is a police officer, firefighter, or similar official in the performance of their duties;
- Causes great bodily harm, permanent disability, or disfigurement to an elderly victim who is at least 60 years old; or
- Chokes or strangles the victim.
Furthermore, Section 12-3.05 also lists a number of other factors that can lead to a charge of aggravated battery. For example, if the victim is a minor child or disabled individual, it can qualify as aggravated battery. The same is also true for the location of the offense, such as a school, place of worship, or similar public setting. Use or discharge of a firearm can also result in charges for aggravated battery in Illinois.
Punishment
Ultimately, the Illinois punishment for aggravated battery can vary greatly, depending on the underlying circumstances of the offense. But Section 12-3.05 provides that aggravated battery is at minimum a Class 3 felony. If convicted for this type of felony, the penalty usually involves a prison sentence between two and five years as well as criminal fines up to $25,000.
On the other hand, aggravated battery that involved a firearm discharge and injury is a Class X felony. If convicted for this type of felony, the penalty usually involves a prison sentence between six and 30 years as well as criminal fines up to $25,000. Probation is not allowed for Class X felonies under Illinois law.
