A person commits aggravated battery when, in committing a battery, he or she does any of the following: (1) Uses a deadly weapon other than by discharge of a firearm, or uses an air rifle as defined in Section 24.8-0.1 of this Code. Assault is a Class C misdemeanor. The Illinois criminal charge of battery, ILCS battery, is listed under 720 ILCS 5/12-3. Aggravated battery. (2) makes physical contact of an insulting or provoking nature with an individual.". Illinois Battery Penalties And Fine. (7) A transit employee performing his or her official duties, or a transit passenger. IV.C.4. Battery is a Class A misdemeanor. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly does any of the following: (1) Causes great bodily harm or permanent disability. Class C Misdemeanor Simple assault in Illinois is a Class C Misdemeanor. The sentence was handed down Monday after Lovelle Jordan, 27, pleaded guilty to attempted murder and aggravated battery against a police officer. This distinction makes the law very broad and very inclusive. Battery is a Class A misdemeanor. The sentence comes two months after Lovelle Jordan, 27, pleaded guilty to one count of attempted murder and five counts of aggravated battery to a peace officer, the Chicago Tribune reported. (a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery. A person who has been convicted of this charge may also face a fine of up to $25,000. Apply to Police Officer, Law Enforcement Officer and more! he went to the back room where the video system was located and viewed the videotape of the battery. This conviction carries a mandatory minimum prison sentence of four years, and a possibility of imprisonment for as much as 15 years. A convicted felon who pleaded guilty to charges that he opened fire on police in 2020 and wounding at several officers, was sentenced Monday to 31 years in prison. 720 ILCS 5/12-3.05. (a) Offense based on injury. 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. In Illinois, you're prohibited from resisting or obstructing a peace officer, fire fighter or correctional institution employee. Sec. Assault. Sec. • Assault & Battery on a Law Enforcement Officer [LEO] - On April 8, 2022 at 12:54PM, officers responded to the WAWA located at 10691 Davidson Pl in Manassas (20109) to investigate a shoplifting. 12-3) Sec. 38, par. (Source: P.A. Battery . (b) Sentence. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly does any of the following: (1) Causes great bodily harm or permanent disability or disfigurement. (a) A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his or her official capacity commits a Class A misdemeanor. 12-3. 96-1551, eff. 720 ILCS 5/12-3.2 (a). 40 ILCS 5/5-227 (West 2019) . Battery is the crime of making unlawful contact with another person in a harmful or offensive way. (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4) Sec. Store employees reported to police that a patron, later identified as the accused, selected multiple items from the business and left without paying. Section 720 ILCS 5/12-3.05 - Aggravated battery (a) Offense based on injury. The specific crime of aggravated battery against a police officer can be found in 720 ILCS 5/12-3.05. The specific crime of aggravated battery against a police officer can be found in 720 ILCS 5/12-3.05. The sentence comes two months after Lovelle Jordan, 27, pleaded guilty to one count of attempted murder and five counts of aggravated battery to a peace officer, the Chicago Tribune reported. In cases where a domestic violence victim alleges a sex crime - such as sexual assault under 720 ILCS 5/11-1.20 or sexual abuse under 720 ILCS 5/11-1.50 - the police will generally make an arrest as well. This criminal activity carries the potential for up to 7 years in prison according to 720 ILCS 5/12-3.05. (8) A taxi driver on duty. Where two persons were fighting, the police may decide to arrest only one of them and charge them with battery. Whether the officer is placed in reasonable apprehension of receiving a battery is judged on an objective standard. There are other definitions of aggravated battery that may be applicable when a police officer is the alleged victim; however, the definitions . with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee or emergency management worker: (i) performing his or her official duties; (ii) battered to prevent performance of his or When the victim of a battery is a police officer the seriousness of the charges you will face increase tremendously. The law says, " (a) A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual." 720 ILCS 5/12-3. (b) Sentence. A knowledgeable criminal defense attorney is crucial for identifying your potential defenses and pursuing your best legal options. The possible sentence for a battery charge in Illinois is up to one year imprisonment and a fine of $2,500. "Battery" is found in Section 12-3 of the Illinois Criminal Code, and is defined as follows: "A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual." 720 ILCS 5/12-3(a). (b) (1) Add 25 to life if causes gbh or death with a firearm. It is hereby declared as a matter of legislative determination that in order to promote and protect citizen health, safety and welfare, it is necessary and in the public interest to provide for the creation of the Illinois Law Enforcement Training . 720 ILCS 5/12-3.2 - Illinois Domestic Battery Charge. The law says, " (a) A person commits battery if he or she knowingly without legal justification by any means. "A person commits domestic battery if he or she knowingly without legal justification by any means: (1) causes bodily harm to any family or household member; (2) makes physical contact of an insulting or provoking nature with any family or household member.". Battery. The sentence comes two months after Lovelle Jordan, 27, pleaded guilty to one count of attempted murder and five counts of aggravated battery to a peace officer, the Chicago Tribune reported. Section 720 ILCS 5/12-3.05 - Aggravated battery (a) Offense based on injury. (6) An officer or employee of the State of Illinois, a unit of local government, or a school district, while performing his or her official duties. 7 Police $30,000 jobs available in Battery Point, SC on Indeed.com. While some police officers were still at the bar, he offered to show them the video, but they declined his offer. The court may also legally sentence the defendant to community service and counseling as part of a probation sentence. The sentence comes two months after Lovelle Jordan, 27, pleaded guilty to one count of attempted murder and five counts of aggravated battery to a peace officer, the Chicago Tribune reported. (c) In addition to any other sentence that may be imposed, a court shall Police arrested Ogonna Chukwudaalu Ofoma, 29, of Allentown, PA, in the area of 76 Quint Avenue, Brighton. Call Now (773) 453-2140 Rather, you violate the law when you knowingly interfere with such officials performing their duties. It says: " (a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery." 720 ILCS 5/12-1. 12-1. Ofomo is charged with multiple charges of Indecent Assault and Battery. 720 ILCS 5/12-3.05 - Aggravated Battery Typically a Class 3 Felony 2-5 years in prison Fine up to $25,000 Call for more details Free Immediate Consultation 24/7 with Attorney Weisberg. Officers from D-14, along with the Boston Police Sexual Assault Unit, stopped an individual who was later positively identified as the suspect of the assaults. The Illinois criminal charge of battery, ILCS battery, is listed under 720 ILCS 5/12-3. 720 ILCS 5/12-2(b)(4)(i). Battery is found in the criminal code at 720 ILCS 5/12-3, which provides the following: . 2) You were charged with a Class 2 felony because aggravated battery upon a police officer is not a Class 3 felony but rather a Class 2 felony per 720 ILCS 5/12-4(e)(2): "Aggravated battery that does not cause great bodily harm or permanent disability or disfigurement is a Class 2 felony when the person knows the individual harmed to be a peace . (b) (1) Add 20 years if personally discharges a firearm. Section 625 ILCS 5/18b-103.1 - Obedience to Police Officer (a) No person shall willfully fail or refuse to comply with any lawful order or direction of any officer authorized by law to enforce this Chapter and to perform vehicle and driver motor carrier safety inspections under this Chapter. (720 ILCS 5/12-3) (from Ch. The topic of battery of a police officer is addressed in Penal Code 243c2 PC. (50 ILCS 705/1) (from Ch. Physically threatening a fireman or EMT has the same consequences as physically assaulting . Probably the most common aggravated battery charge comes when a suspect commits a battery upon a police officer. It's important to note that while battery is typically connected to assaults on police officers, the law is written in such a way that all on-duty peace officers are included. 7-1-11.) 12-3.05. The statute first sets out the general crime of aggravated battery. Battery is the crime of making unlawful contact with another person in a harmful or offensive way. These cases can land a defendant in prison for up to 30 years. Lawful orders or directions shall include providing documentation and answering questions necessary to . A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship. Available 24/7 (773) 484-3131 CONTACT US NOW Practice Areas DUI Charges Criminal Defense Traffic Tickets MESA, AZ (3TV/CBS 5) --A Mesa police officer is lucky to be alive after a luggage rack narrowly missed him while driving an unmarked police car on the U.S. 60 Saturday morning. 50 ILCS 705/ - Illinois Police Training Act. Given the domestic nature and relatively high likelihood of further assault or abuse, an arrest helps protect the victim from further harm. Aggravated battery is a Class 3 felony, except a violation of subsection (a) is a Class 2 felony when the person knows the individual harmed to be a peace officer engaged in the execution of any of his or her official duties, or the battery is to prevent the officer from performing his or her official duties, or in retaliation for the officer . Battery on a police officer is a felony offense that will be vigorously prosecuted in the state of Illinois. (b) Sentence. (a-5) In addition to any other sentence that may be imposed, a court shall The judge is authorized to sentence the defendant to probation as opposed to imprisonment. with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee or emergency management worker: (i) performing his or her official duties; (ii) battered to prevent performance of his or Officers will also arrest: IV.C.4.a. 12-3. Section 720 ILCS 5/12-2 - Aggravated assault (a) Offense based on location of conduct. Your defense attorney will gather all evidence surrounding the alleged crime and arrest. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship. Aggravated battery of a peace officer carries a Class 1 felony conviction if you are found guilty of the charge. (a) A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual. (3) Knowingly and without lawful justification . All aggravated battery charges also carry a fine of up to $25,000. 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. A police officer may choose to charge a person with battery even where that person did not start the fight. Battery. Any subject who has violated the automatic 72-hour nocontact provision of a bail - bond (or was released on recognizance). 1. (a) A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual. (b) Offense based on status of victim. Mesa police told . a battery. If an officer arrests the victim of domestic violence, the officer must still provide services to the victim as outlined in this directive and the Illinois Domestic Violence Act. A person commits aggravated battery on a police officer when, in committing a battery, other than by discharge of a gun, he or she knowingly: 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. The ILCS for assault is found at 720 ILCS 5/12-1. 2) You were charged with a Class 2 felony because aggravated battery upon a police officer is not a Class 3 felony but rather a Class 2 felony per 720 ILCS 5/12-4(e)(2): "Aggravated battery that does not cause great bodily harm or permanent disability or disfigurement is a Class 2 felony when the person knows the individual harmed to be a peace . 501) Sec. In other words, an officer is placed in reasonable apprehension of receiving a battery where, under the circumstances, a reasonable person would have been placed in such apprehension. This means that the law isn't just limited to arrests. A convicted felon who pleaded guilty to charges that he opened fire on police in 2020 and wounding at several officers, was sentenced Monday to 31 years in prison. Aggravated battery of a police or peace officer in Illinois is defined in 720 ILCS 5/12-3.05. (2) Wears a hood, robe, or mask to conceal his or her identity. 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 When the victim of a battery is a police officer the seriousness of the charges you will face increase tremendously. The sentence was handed down Monday after Lovelle Jordan, 27, pleaded guilty to attempted murder and aggravated battery against a police officer. 85, par. 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