Aggravated Battery on a Police Officer in Illinois
Illinois judges consider aggravated battery of a police officer to be a dastardly crime. If you are found guilty of this crime, you will face quite the stiff penalty. Thankfully, a number of strategic legal defense options are available. Let’s take a look at the definition of aggravated battery and the legal defense options available to clear your name or at least reduce your charge.
Defining Aggravated Battery
Aggravated battery sounds like a complex legal term yet it is a fairly simple charge. Let’s start by defining battery. The legal term “battery” is used when an individual conducts him or herself in a manner that causes bodily harm to another individual. Battery can also mean you performed insulting, undesired or provocative contact with the individual in question.
Aggravated battery is an upcharge allowed by the state of Illinois for especially serious criminal offenses. You can be charged with aggravated battery if the assault caused a significant injury such as a permanent disability or disfigurement. However, both such charges require the prosecution proves you intentionally committed the attack. Proving the alleged criminal’s intent is of the utmost importance for these cases. In order for to be charged with aggravated battery of a police officer, the prosecution is tasked with proving the alleged aggressor knew the individual he or she was attacking as actually a police officer.
Legal Defense Strategies Against Aggravated Battery of a Police Officer
You need a sound legal defense against this serious charge. The sad truth is most Illinois police officers are provided with the benefit of the doubt in a court of law. Judges tend to favor agents of the state as opposed to those accused of crimes for obvious reasons. If body camera footage from the accident is unavailable, proving your innocence will become that much more of an uphill battle. Though the prosecution must still prove you had intent to perform the assault and knew the individual you were assaulting was a police officer, this challenge will be significantly easier if body cam footage is unavailable. You need a savvy criminal defense attorney to fiercely advocate on your half. If the prosecution cannot prove intent and knowledge of the police officer’s status as an agent of the state, you might be found innocent or the charge might be reduced to a lesser crime.
Sentencing for Aggravated Battery of a Police Officer
If found guilty of aggravated battery of a police officer, you will face a prison sentence and possibly be slapped with a considerable fine. Battery charges of a lesser degree result in probation as opposed to jail time. The state of Illinois has established three crime categories you can be charged with, each of which hinges on your unique case. Class 3 felonies are mainly tied to minor assaults. If found guilty of a Class 3 felony, you will likely receive upwards of a decade in prison. Thankfully, the average sentence length is merely 2-5 years. Class 2 felonies result in an average jail time of 3-7 years with a maximum sentence of 14 years. A Class 1 assault results in an average sentence between 4-15 years. However, it is possible to be sentenced up to jail for upwards of 20 years if found guilty of a Class 1 assault.
The worst possible scenario is the dreaded Class X felony charge. There is nothing more serious than a Class X felony charge for aggravated battery of a police officer. If found guilty of this type of felony, you will face upwards of six decades in jail. At a bare minimum, those found guilty of a Class X felony charge will be sentenced to 20 years in prison.
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