Differences Between Aggravated and Misdemeanor Battery

 Posted on November 22, 2024 in Criminal Defense

Aggravated battery is a serious violent felony. This kind of conviction can leave a black mark on your record that will follow you for the rest of your life. You might be seen as a dangerous person by potential future employers, landlords, or others who require a criminal background check. You could be denied a lot of future opportunities. However, most aggravated batteries occur between people who know each other or have some type of relationship, and many involve some degree of provocation. If you are facing aggravated assault or battery charges, you need an experienced Chicago, IL felony assault and battery lawyer immediately.

Aggravated Battery Involves Serious Bodily Harm

Batteries that do not result in significant injuries are generally handled as misdemeanors. For example, if you pushed a victim into a wall without injuring him or threw a cup of water onto someone, that would likely be considered simple battery. If the victim needed medical treatment, you are likely going to be charged with aggravated battery. The injuries do not need to be life-threatening, just serious.

Who The Victim Was Matters

The victim’s traits are important. Any battery against an elderly person, child under 13 years old, first responder, or health care worker can automatically be considered a felony. You can also be charged with a felony for any battery committed against a person who was actively participating in religious activities at a designated place of worship. This law is designed to prevent hate crimes.

Strangulation is a Felony

Even if you released the victim after just a few seconds, strangling someone is a potentially deadly form of battery. Strangling someone for just a second can cause extreme damage to the throat and airways, which could require extensive medical care. The state takes strangulation very seriously, especially in domestic violence cases, since being strangled is a strong predictive factor for future homicide.

Batteries Involving a Firearm Are Extremely Serious

Any battery where a firearm was used is a Class X Felony. This is the highest level of criminal charge in Illinois. If you are accused of shooting someone or even simply being armed while committing a battery, you could be facing up to 30 years in prison. You are more likely to face the maximum sentence if the person you injured was a vulnerable victim or first responder.

Contact a Cook County, IL Aggravated Battery Lawyer 

If you are facing aggravated battery charges, Law Offices of James F. DiQuattro can help. Experienced Chicago, IL aggravated battery attorney James F. DiQuattro will represent you aggressively. Contact us at 312-627-9482 for a complimentary consultation.