Assault & Battery
Charged with battery or aggravated battery in Illinois? Harter & Schottland defend clients against misdemeanor and felony charges, building strong defenses and fighting for dismissals or reduced penalties.
Battery is one of the most common criminal charges in Illinois, and at Harter & Schottland, we defend against it regularly. While some cases involve minor allegations, others carry the risk of significant prison time and lifelong consequences.
What Constitutes Battery?
Generally, battery occurs when a person makes physical contact with another without permission and without legal justification.
- Contact during sports or consensual activity (such as boxing) is permitted and not criminal.
- Contact may also be justified, such as when someone acts in self-defense.
In Illinois, even insulting or provoking contact can be charged as misdemeanor battery, even if no bodily harm results.
What Is Aggravated Battery?
A battery charge can be elevated to aggravated battery, a felony, if certain aggravating factors are present. Examples include:
Based on Injury or Circumstances
- Causing great bodily harm, permanent disability, or disfigurement
- Strangling another individual
- Using or discharging a deadly weapon or firearm
Based on the Victim
Aggravated battery can also be charged depending on who the victim is, such as:
- A child
- A person 60 or older
- A pregnant woman
- A person with a physical disability
- A teacher or school employee on school grounds
- A peace officer, firefighter, or first responder performing official duties
- A transit employee or nurse during work
Additional Factors
Other circumstances that can elevate charges include:
- Wearing a mask, hood, or robe to conceal identity
- Using a laser device directed at another person
- Battery committed while involved in gang activity
Potential Penalties for Aggravated Battery
Penalties for aggravated battery vary widely depending on the enhancement. They can range from a Class 4 felony (probationable) up to a non-probationable Class X felony carrying 6 to 30 years in prison.
Defense Strategies for Battery and Aggravated Battery
Our attorneys tailor defense strategies to the specific allegations, which may include:
- Challenging the alleged victim’s status (such as whether they were performing official duties at the time)
- Disputing the nature or severity of the injuries
- Arguing self-defense or the defense of others
- Exposing inconsistencies in the prosecution’s evidence
Why Choose Harter & Schottland?
With years of trial experience, we have a strong record of success defending clients against both misdemeanor battery and felony aggravated battery charges. We:
- Investigate thoroughly
- Interview witnesses
- File motions to suppress improper evidence
- Fight for dismissals, reductions, or acquittals at trial
Our goal is not just to reduce prison time—we fight to win your case and protect your freedom.
Free Case Evaluation
If you have been charged with battery or aggravated battery in Illinois, don’t wait to secure legal representation. Contact Harter & Schottland today for a free consultation.
With offices in Round Lake Beach, Waukegan, and Woodstock, we represent clients across Northern Illinois.
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