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Chicago Aggravated Battery Defense Attorney

Chicago Criminal Lawyer

Aggravated battery in Chicago is a felony offense. Aggravated battery is a far more serious charge than simple battery, which is only a misdemeanor charge. Depending on the circumstances, this Chicago aggravated battery defense attorney cautions that your type of aggravated battery charge can range all the way from a Class 3 felony offense to a Class X felony, the most serious charge that can be leveled against you. If you are charged with aggravated battery in Chicago you need an experienced criminal lawyer fighting for you.

What is Aggravated Battery in Illinois?

You might know that simple battery is any physical contact made to another person with the intent to injure, insult, or provoke that person. The basic element that makes the contact a "battery" is that it's unwanted, harmful, or offensive contact.

Aggravated battery takes matters a step further. Aggravated battery occurs where you commit the battery with a weapon, against certain protected groups of persons, or with the intent to disfigure, maim, or otherwise cause great bodily harm. A serious disagreement with a neighbor, a bar fight, or even road rage can lead to a charge of aggravated battery against you. Poisoning someone's food or causing them to ingest a chemical substance without their consent is also aggravated battery. These are serious charges and you need an experienced criminal attorney on your side.

The Illinois legal code, in 720 ILCS 5/12, defines aggravated battery as:

(a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, permanent disability, or disfigurement.

A person also commits aggravated battery if they, while committing a battery,

(1) Uses a deadly weapon,

(2) Conceals his identity (as with a hood, robe, or mask),

(3 - 7) Knows that the individual harmed is a teacher or other school employee, park district employee, Public Aid worker, peace officer, fireman, or emergency response worker,

(8) Knows that the person harmed is on public property or in a place of public accommodation or amusement,

(9) Knows that the individual harmed is a public transportation worker or passenger,

(10) The person harmed is 60 years old or older,

(11) Knows the individual harmed is pregnant,

(12) Knows the person harmed to be a judge and intends to harm that person because of the performance of their duties as a judge,

(13) Knows the person harmed to be an employee of the Illinois Department of Children and Family Services engaged in the course of their job duties, or

(14) Knows the individual harmed to be physically handicapped.

What is the Penalty for Aggravated Battery in Chicago?

Michael Schmiege, is a defense attorney familiar with aggravated assault cases and emphasizes that aggravated battery is a Class 3 felony punishable by 3 to 5 years in prison and a hefty fine. Certain types of aggravated battery can range up to a Class X felony punishable by up to 30 years in prison.

What are Your Possible Defenses to a Charge of Aggravated Battery?

You'll want an experienced defense attorney to aggressively handle your case to win dismissal or reduction of the charges against you. A guilty plea to the charge of aggravated battery opens you up to a civil lawsuit by the person you harmed. If you've taken a guilty plea, you might end up with a financial judgment against you for many thousands of dollars. So you will certainly want to hire an attorney to help you avoid the pitfalls of a guilty plea or a conviction.

Not every contact that harms another person is considered aggravated battery. If the person you injured caused the conflict, but had a grudge against you, they could report your altercation to the police as an aggravated battery even if you were just defending yourself against their act of aggression. Self defense or defense of others is a valid defense against such charges.

A knowledgeable lawyer defending you could help you prove you acted in self-defense. Michael Schmiege could research the background of your accuser to discover whether the accuser had a history of assault, battery, or other violent crimes. Your lawyer could locate, request, and review and video surveillance tapes that might have recorded the altercation. But you need to act fast to bring a skilled attorney on your side. Most video surveillance tapes are taped over and recycled within a matter of days.

Your attorney could also seek out any witnesses to the incident that could support your defense. Don't give up your rights just because you've been accused of aggravated battery.

Fighting the Aggravated Battery Charge Against You

Chicago criminal lawyer Michael Schmiege is an able and experienced negotiator and trial lawyer. Depending upon the particular facts and circumstances of your arrest, he might be able to obtain probation or dismissal of the charges against you in exchange for your completion of community service or an anger management course.

Michael P. Schmiege, offers you a free and confidential legal consultation to discuss and evaluate your case. He could help you understand your legal rights, your available legal defenses to the charges against you, and your chances of prevailing against your accuser.

Let attorney Michael Schmiege help you avoid an unjust conviction and lengthy sentence. He will aggressively defend you against an angry accuser and guide you to your most favorable outcome in the case.

Contact Chicago criminal lawyer Michael P. Schmiege today for a strong and effective aggravated battery defense.

405 N. Wabash Ave., Suite P2C, Chicago, IL 60611
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The National Trial Lawyers
Law Offices of Michael P. Schmiege - Chicago Criminal Defense Attorney
Located at 53 West Jackson Blvd., #1515 Chicago, IL 60604. View Map
Phone: (312) 626-2400