Table of Contents
When a battery is committed against an elderly victim, the accused faces much more serious punishment. A person also can be charged with aggravated battery under 720 ILCS 5-12-3.05(a)(4) for knowingly committing a battery against a person over age 60.
What is the penalty for battery in Illinois?
Penalties for Battery in Illinois A simple battery is a Class A misdemeanor and the possible penalties are: up to one year imprisonment, a fine up to $2500, or both. probation for up to two years, and. restitution.
What is the punishment for assault and battery in Illinois?
Assault: Assault is a Class C misdemeanor under Illinois assault and battery law, which can result in jail time for up to 30 days, a fine in an amount up to $1,500, or both. Alternatively, the court may sentence the defendant to perform between 30 and 120 hours of community service.
How many years is aggravated battery in Illinois?
Penalties for Aggravated Battery in Illinois The degree of the felony depends on the nature of the crime. If the use of a deadly weapon is the aggravating factor, aggravated battery is a Class X felony which is punishable by 6 to 30 years in prison and fines of up to $25,000.
What is aggravated battery in the state of Illinois?
Aggravated Battery Based on the Injury Illinois considers a crime to be aggravated battery if the defendant intentionally strangled or suffocated the victim, or knowingly caused the victim (including a fetus) to suffer great bodily harm, permanent disability, or disfigurement. (720 Ill.
Can you be charged with just battery?
Generally, simple battery will be a criminal misdemeanor charge. Simple battery as a misdemeanor crime will usually result in small criminal fines, and/or a maximum jail sentence of one year.
Is domestic battery a felony in Illinois?
Domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for violation of an order of protection (Section 12-3.4 or 12-30), or any prior conviction under the law of another jurisdiction for an offense which is substantially similar.
What is the difference between assault and battery?
In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm.
Is battery a felony?
Battery can be a felony or a misdemeanor depending on the case. Most jurisdictions say that battery is a felony offense if it rises to the level of an “aggravated battery.” A person commits aggravated battery when: he or she commits a battery, and.
What happens if I press charges for battery?
Penalties for Battery Against a Law Enforcement Officer sixteen months or two or three years in the county jail or state prison, depending on the offender’s criminal history and pending criminal charges. a fine up to $10,000, and. probation up to three years.
Is battery a serious crime?
California law defines battery under Penal Code section 242 as willful or unlawful force or violence used on another person. Misdemeanor battery is a violent crime, and while the length of potential imprisonment is less than for a felony battery, it remains a serious conviction.
What is the minimum sentence for aggravated battery in Illinois?
Aggravated battery as defined in subdivision (e)(5) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 12 years and a maximum of 45 years.
Can aggravated battery be expunged in Illinois?
In the state of Illinois, battery charges may be eligible for expungement, but there are conditions that must be met: The conviction must have occurred more than 5 years ago. You must have been sentenced to court supervision. You have no other convictions on your record.
What is a Class 4 felony in Illinois?
Some common Class 4 felonies include aggravated assault, stalking, drug possession of a controlled substance, aggravated DUI, driving on a revoked driver’s license, and theft, depending on the amount that was stolen and the circumstances involved.
What’s the difference between battery and aggravated battery?
Simple and Aggravated Battery Simple battery is the least serious form of battery and usually involves only minor injury, if any, and usually is a misdemeanor. Aggravated battery involves circumstances that make the crime more serious and usually is charged as a high-level misdemeanor or felony.
Which of the following constitutes battery?
The following elements must be proven to establish a case for battery: (1) an act by a defendant; (2) an intent to cause harmful or offensive contact on the part of the defendant; and (3) harmful or offensive contact to the plaintiff. The Act The act must result in one of two forms of contact.
What is a 245 in police code?
The crime of “assault with a deadly weapon,” commonly known as “ADW”, is defined under California Penal Code Section 245. In basic terms, ADW occurs when you assault another person with a deadly weapon or using force that is likely to produce a great bodily injury.
What sentence does battery carry?
Maximum sentence and racially and/or religiously aggravated assaults Offence Maximum sentence Common assault / battery – section 39 Criminal Justice Act 1988 6 months’ imprisonment and/or fine not exceeding level 5 Section 38 2 years’ imprisonment Section 47 5 years’ imprisonment Section 20 5 years’ imprisonment.
What’s the difference between domestic violence and domestic battery?
Domestic violence under PC 273.5 requires that the victim suffer some injury while a domestic battery only requires harmful or offensive touching.
How much is bail for domestic battery in Illinois?
At the time of writing this article, the typical bond for domestic battery cases in Cook County is 10% of $5,000 or higher. Not all other counties follow this practice. In fact, most of the suburban counties surrounding Chicago do not require the person who was arrested to post bond.
How long does a domestic violence charge stay on your record in Illinois?
If you’re convicted of domestic battery or aggravated domestic battery, it’ll stay on your criminal record forever. However, if you’re charged with either of these crimes and your charges never result in a conviction, you can ask the court to expunge or seal them.
