How Can I Prove Self-Defense in an Aggravated Battery Case?

 Posted on August 12, 2024 in Criminal Law

Aggravated battery is a serious crime that carries severe penalties in the State of Illinois. One of the possible defenses against an aggravated battery charge is that the defendant acted in self-defense. While this may be a valid plea, it can be hard to prove. The law believes strongly in the right of individuals to defend themselves against threats; at the same time, however, society must be protected from wanton violence.

Proving a claim of self-defense depends on various factors such as the level of force used and the circumstances surrounding the incident. It can be difficult to persuade a judge that your aggravated battery charge should be dismissed due to lawful self-defense. The best way to prove a self-defense claim is to hire an experienced Illinois criminal defense attorney to build your case.

What Is Aggravated Battery?

Illinois law defines battery as willfully causing bodily harm to someone or touching someone in "an insulting or provoking" way.

A battery charge may be expanded to aggravated battery if the defendant:

• Caused serious bodily harm or a permanent disability
• Used a flammable substance, chemical agent, bomb, explosive, radioactive compound, or poisonous gas
• Strangled someone
• Committed the battery in a public space, sports venue, domestic abuse shelter, or place of worship
• Used a firearm
• Knowingly forced someone to take or deceived someone into taking drugs, alcohol, or any substance intended to cause injury
• Concealed his or her identity with a mask, hood, or robe

The defendant may also face an aggravated battery charge if the victim was a(n):

• Minor under 13 years old
• Pregnant woman
• Adult aged 60 or older
• Police officer
• Firefighter
• Nurse
• Taxi driver on duty
• School employee on school premises
• Transportation employee
• Security guard
• Correctional officer

What Are the Penalties for Aggravated Battery?

Aggravated battery is a Class 3 felony that carries a prison sentence of two to five years and a fine of up to $25,000. Depending on the circumstances, the charge may be enhanced to a Class 1 felony which carries a sentence of four to 15 years in prison. Other factors, like if the victim was in the midst of praying, can upgrade the classification to a Class 2 felony which carries a prison sentence of three to seven years.

How Can I Prove I Acted in Self-Defense?

Illinois law allows people to use reasonable force if necessary to defend themselves or someone else from unlawful bodily harm. However, the burden of proof is on the defendant to show that there was no other option. If you are charged with aggravated battery and you want to prove that you acted in self-defense, you will need to provide evidence that:

• You or someone else was under imminent threat of bodily harm.
• There was no other option than to use force.
• You did not use excessive force.

Your self-defense claim will depend in part on whether a judge or jury believes that a reasonable person in your situation would have acted the same way.

Contact a Plainfield, IL Aggravated Battery Defense Attorney

Since self-defense claims are often hard to prove, hire a Joliet, IL aggravated battery defense lawyer to help collect evidence and build your case. At Reeder & Brown, P.C., our experienced attorneys have handled thousands of criminal defense cases and are ready to prepare a strong defense for you. Call 815-885-5980 to schedule a free consultation with an excellent attorney today.