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625 W Rollins Road, Round Lake Beach, IL 60073

Award Winning Lawyers That Get Results 
The attorneys of Harter & Schottland are hands-on, thorough, and aggressive lawyers with a reputation for taking cases to trial and winning. Whether you need a Lake County criminal defense lawyer, a Waukegan family law attorney, or legal representation in a real estate matter or personal injury claim, you can count on us for personal service and outstanding legal representation. Harter & Schottland wins more cases.

Lake County, IL Assault & Battery Defense Attorneys

Battery/Aggravated Battery

Battery is a common criminal charge and one that Harter & Schottland defends against regularly. 


Generally speaking, battery occurs when a person makes unpermitted contact with another person that is not legally justified. If the contact is permitted, it is not criminal contact, For example, nobody gets arrested in a boxing match because the contact is permitted, even if it is violent. Other times contact may be legally justified. For example, if a person is attacked by another and defends himself, he may claim self-defense.


Misdemeanor battery may be charged where there is bodily harm or even in the absence of harm if the contact is insulting or provoking.

Aggravated battery occurs when certain aggravating factors exist in the course of a battery. A complete list of the factors may be found by looking at 720 ILCS 5/12-3.05. Factors that enhance a battery to felony include:

  • causing great bodily harm, permanent disability or disfigurement
  •  causing great bodily harm, permanent disability or disfigurement knowing the victim to be a peace officer, fireman, or similar other public servant or to be 60 years of ago or older
  •  strangling another individual

A misdemeanor battery may also be increased to a felony charge of aggravated battery based on the victim. For example, aggravated battery may be charged where the victim:

  • is a child 
  • a person 60 years or older
  • a person with a physical disability 
  • is pregnant 
  • a teacher or school employee on school grounds or adjacent to school grounds
  • a peace officer, fireman or similar employee performing his or her official duties
  • A transit employee during the performance of his or her duties
  • a nurse in the performance of his or her duties

A battery may also become a felony aggravated battery if the accused:

  • discharges a firearm during the course of a battery and causes injury to another person
  • uses a deadly weapon, other than by discharge of a firearm, or uses an air rifle
  • wears a hood, robe or mask to conceal his or her identity
  • shines or flashes a laser gunsight or other laser device attached to a firearm so that the laser beam strikes upon another person

Although there are other bases to upgrade a misdemeanor battery to a felony aggravated battery, the potential penalties vary widely depending on the basis for the felony charge. An aggravated battery charge can range from a probationable class 4 felony all the way up to a non-probationable class 4 felony with a mandatory prison sentence of 6 to 30 years. Contact Harter & Schottland today if charged with aggravated battery to discuss the potential consequences.


There are various ways to defend aggravated battery charges depending on the reason for the felony enhancement. Our attorneys may challenge the status of the alleged victim at the actual time of the alleged battery, the nature of the injuries or the facts alleged in the case. Additionally, it is common to assert self-defense or the justified defense of others.


Harter & Schottland has experienced criminal defense attorneys who defend aggravated battery charges regularly. Our goal is to win your case and preserve your freedom, not to negotiate for less prison time. While we cannot guarantee the outcome of any case, we can tell you we have successfully defended many clients charged with serious felonies. We have a history of winning cases at trial.


Our attorneys will dig into the case, interviewing witnesses, studying the evidence, filing the appropriate motions, perhaps to suppress evidence or statements, get the charges against you reduced or the case dismissed. We put our knowledge of the law, the courts, and the facts, and our ability to persuade a judge or jury to work on your behalf.


If you are facing any criminal charge, from fraud to murder, contact us for a free consultation. We take an aggressive approach to criminal defense. And we get results.

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