The aggravated battery of a police officer, also known as a peace officer, in Illinois is defined in several ways under Illinois law (720 ILCS 5/12-3.05): based on the injuries suffered, the victim’s status as a police officer, and use of a weapon. There are other definitions of aggravated battery that may be applicable when a police officer is the alleged victim; however, the definitions discussed here are specific to police officers.
A person commits aggravated battery of a police officer if the person commits the offense of battery and in so doing:
- Causes great bodily harm or permanent disability or disfigurement to another person, knowing them to be a police officer; (720 ILCS 5/12-3.05(a)(3))
- Commits the battery against the victim because the person knows the victim to be a police officer; (720 ILCS 5/12-3.05(d)(4), (d)(6)) and,
- Uses a gun, other than a machine gun, and causes injury to another person, knowing him or her to be a police officer. (720 ILCS 5/12-3.05(e)(6)).
All the above definitions apply if the aggravated battery occurred to a police officer who was:
- performing his or her official duties at the time of the offense;
- battered in an effort by the attacker to keep the police officer from performing his or her official duties; or
- battered as payback for performing his or her official duties.
When a person is an inmate, their actions towards correctional employees can also lead to aggravated battery charges. If an inmate throws his or her blood, urine, semen, and feces at a correctional employee or an employee of the Department of Human Services, they can be charged with aggravated battery.
Penalties for Aggravated Battery of a Police Officer
Aggravated battery of a police officer can be a class X, class 1, class 2 or class 3 felony depending on the conduct alleged in the charging document. These are serious felonies, and a defendant can be sentenced to 4-15 years in prison for the class 1 felony, 3-7 years in prison for the class 2 felony, and 2-5 years for the class 3 felony. A defendant convicted of a class X felony can be sentenced to between 20 to 60 years in prison. If the defendant is eligible for an extended sentence due to certain aggravating factors, he or she could face a maximum prison sentence of 20 years for a class 1 felony, 14 years for a class 2 felony, and 10 years for a class 3 felony.
As may be expected, facing a charge like this can be challenging due to the status of the alleged victim. The prosecution may be tougher on the defendant, and the witnesses will likely be other police officers. However, this does not mean that the defendant would be automatically convicted. Having a strong defense team can make a difference to your case. Our attorneys will interview witnesses, get police reports, and other documents that may help prove your innocence.
Chicago Criminal Defense
If you have been arrested for an aggravated battery of a police officer, you need an experienced defense attorney representing you. The prosecution may be tougher on you because the alleged victim is a police officer, and you need an aggressive defense attorney handling your case. Contact criminal defense attorney Steven Goldman today for a consultation on your case.
