In Illinois Aggravated Battery is a simple battery with certain aggravating circumstances.
In general, the Illinois Criminal Code (720 ILCS 5/12-3.05) organizes various forms of aggravated battery into the following types:
- Offenses based on injury
- Offenses based on injury to a child
- Offenses based on location of conduct
- Offenses based on status of victim
- Offense based on use of a firearm
- Offense based on use of a weapon or device
- Offense based on certain conduct
Aggravated Battery Based On Injury
Aggravated Battery Based On Injury To A Child Or Disabled Person
Aggravated Battery Based On Location
- a public way,
- public property,
- a public place of accommodation or amusement,
- a sports venue,
- a domestic violence shelter, or
- in a church,
- synagogue,
- mosque, or
- other building,
- structure, or
- place used for religious worship.”
Aggravated Battery Based On Status Of Victim
Aggravated Battery Based On Use Of A Firearm
Aggravated Battery Based On Use Of A Weapon Or Device
Aggravated Battery Based On Certain Conduct
Illinois Aggravated Battery Is A Felony
All Illinois aggravated battery offenses are a felony offence ranging from a Class 3 Felony up to a Super Class X Felony. See 720 ILCS 5/12-3.05(h)
As a reference, Illinois felonies are classified into the following levels of seriousness. Higher classes have higher sentencing ranges.
Class | Sentencing Range | Extended Term (if eligible) |
---|---|---|
Class M | 20-60 years | 60-100 years |
Class X | 6-30 years | 30-60 years |
Class 1 | 4-15 year | 15-30 years |
Class 2 | 3-7 years | 7-14 years |
Class 3 | 2-5 years | 5-10 years |
Class 4 | 1-3 years | 3-6 years |
Class 3 Felony
Most forms of aggravated battery in Illinois are classified as a Class 3 Felony.
“Unless otherwise provided, aggravated battery is a Class 3 felony.” |
Class 2 Felony
The following sections of the aggravated battery statute (720 ILCS 5/12-3.05) are classified as a Class 2 Felony:
(a)(1) Gbh to church member. |
(a)(4) Gbh to 60+ yr old. |
(d)(4) Battery to a peace office. |
(g)(3) Fluid on corrections officer . |
Class 1 Felony
The following sections of the aggravated battery statute (720 ILCS 5/12-3.05) are classified as a Class 1 Felony:
(a)(3) Gbh to a peace officer. |
(g)(1) Gbh from delivery of controlled substance. |
(a)(1) Gbh from torture. |
(a)(5) Strangles a person and uses an instrument. |
(a)(5) Strangles a person and gbh. |
(a)(5) Strangles a person and has a similar prior. |
Class X Felony
The following sections of the aggravated battery statute (720 ILCS 5/12-3.05) are classified as a Class X Felony. Note that most of these offenses are considered a Super Class X Felony, which means they have an enhanced sentencing range.
(e)(1) Injury with a firearm. |
(a)(2) Gbh with caustic substance (6 to 45 yrs). |
(e)(5) Injury with machine gun with silencer (12 to 45 yrs). |
(e)(2) Injury with a firearm to peace officer (15 to 60 yrs). |
(e)(3) Injury with a firearm to person at school (15 to 60 yrs). |
(e)(4) Injury with a firearm to person at school (15 to 60 yrs). |
(e)(6) Injury to peace officer with machine gun or firearm with a silencer (20 to 60 yrs). |
(e)(7) Injury to medical person with machine gun or firearm with a silencer (20 to 60 yrs). |
(e)(8) Injury to person at school with machine gun or firearm with a silencer (20 to 60 yrs). |
Class X Felony With Gun Add-On
The gun-add-ons in Illinois tack on extra years of inceeration when a firearm is used in the commission of a listed offense.
Just one section of the Illinois aggravated battery statute is eligible for this gun-add-on penalty. When there is great bodily harm to a child under 13 years of age or to a person with a mental disability (720 ILCS 5/12-3.05(b)(1)) then the “gun-add-on” may apply.
The following sections of the aggravated battery statute (720 ILCS 5/12-3.05) are classified as a Class X Felony with the following additional years added to the sentence:
(b)(1) Add 15 years if armed with a firearm. |
(b)(1) Add 20 years if personally discharges a firearm. |
(b)(1) Add 25 to life if causes gbh or death with a firearm. |
- People v. Vanell, 54 Ill.App.3d 824 (2nd Dist. 1977) (guilty when defendant pointed his cane gun at a group of people outside a tavern and intended to shoot above them unintentionally shooting the victim)
- People v. Blanks, 361 Ill.App.3d 400 (1st Dist. 2005) (stick 30 inches long and 2 inches thick is not dangerous per se but the manner of its use was dangerous when it was wildly swung landing a blow on the victim’s forehead)
- People v. Ptak, 193 Ill.app.3d 782 (2nd Dist. 1990) (broken glass is a dangerous weapon)
- People v. Bronw 319 Ill.App.3d 89 (discusses correct jury instruction for aggravated battery to a child)
- People v. Williams, 892 NE.2d 620 (4th Dist 2008) (law does not require that the deadly weapon be the instrument of the physical contact with the victim)
- People v. Belpedio, 212 Ill.App.3d 155 (2nd Dist. 1991) (game of touch football does not include a beating at the end of a play-voluntary game of football is not permission for all illegal contact)
- People v. Dillard, 319 Ill.App.3d 102 (4th Dist. 2001) (retaliation is not self defense)
- People v. Hickman, 9 Ill.App.3d 39 (3rd Dist. 1973) (transferred intent)
- People v. Dorn, 378 Ill.App.3d 693 (4th Dist. 2008) (transferred intent)
- People v. Peterson, 273 Ill.App.3d 412 (1st Dist. 1995) (transferred intent)
- Poeple v. Dunlap, 315 Ill.App.3d 1017 (1st Dist. 2000) (unless state raises the issue defendant must present some evidence that shifts the burden to the state in a self defense case)
- People v. Pergeson, 347 Ill.App.3d 991 (2nd Dist. 2004) (parking lot drive way of mall is a place of public accommodation or amusement)
- People v. Rodriguez, 355 Ill.App.3d 290 (2nd Dist. 2005) (public way means what dictionary says about it any passageway as an alley, road, higway, boulevard, turnpike or part thereof as a bridge open as of right to the public and designed for travel)
- People v. Hale, 77 Ill.2d 114 (1979) (aggravated battery may result from insulting or provoking contact)
- People v. Peck, 260 Ill.App.3d 812 (4th Dist. 1994) (spitting on a cop is insulting and provoking)
- People v. Conley, 187 Ill.App.3d 234 (1st Dist. 1989) (specfic intent crime)
- People v. Bailey, 10 Ill.App.3d 191 (2nd Dist. 1973) (indictment must allege cop on official duty and name the officer)
- People v. Luttrell, 134 Ill.App.3d 328 (4th Dist. 1985) (cop must be named in the charging instrument)
- People v. Psichalinos, 229 Ill.App.3d 1058 (2nd Dist. 1992) (nose bleed equal great bodily harm also transferred intent when he punches a 3 year old)
- People v. O’Neal, 257 Ill.App.3d 491 (1st Dist. 1993) (heinous injury requires permanency while great bodily harm does not, striking with a belt and immersing in hot water is great bodily harm)
- People v. Hall, 273 Ill.App.3d 838 (1st Dist 1995) (no joke defendant guilty of aggravated battery after he grabs a child and shields himself with the kid while he’s being shot at)
- People v. Witherspoon, 379 Ill.App.3d 298 (4th Dist. 2008) (great bodily harm equals severe bodily injury and under one-act one crime principles separate acts are established by language in the charge, notice given pretrial, argument to the jury, verdict sheets, and the JI )
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