CHARGED WITH AGGRAVATED BATTERY IN CHICAGO? ANDREW M. WEISBERG CAN DEFEND YOUR RIGHTS
Aggravated battery is one of the most serious felony offenses under Illinois law. If you or someone you care about has been charged, the stakes could not be higher. A conviction can lead to years in prison, steep fines, and a permanent criminal record that can affect employment, housing, professional licensing, and nearly every part of your life.
When the charge is this serious, you need a defense attorney who understands how prosecutors build these cases and knows how to dismantle them. As a former felony prosecutor, Andrew M. Weisberg brings the strategic insight, courtroom experience, and aggressive advocacy necessary to protect your rights.
Understanding Aggravated Battery Under Illinois Law
Under 720 ILCS 5/12-3.05, aggravated battery is charged when the State alleges that a defendant caused serious bodily harm, permanent disability, permanent disfigurement, or committed a battery under certain enhanced circumstances such as against a protected class of victim or using a deadly weapon.
This is a felony offense, and sentencing ranges vary depending on the allegation:
• Class 3 felony (2–5 years)
• Class 2 felony (3–7 years)
• Enhanced sentencing (6–30 years) in more severe allegations involving weapons, great bodily harm, or protected victims
Fines can reach up to $25,000, and felony convictions generally cannot be expunged or sealed.
Factors That Influence an Aggravated Battery Charge
Aggravated battery can be charged in many ways depending on the facts. Enhancing factors may include:
• Severe injury, disability, or disfigurement
• Protected victims such as police officers, teachers, transit employees, seniors, or children
• Use of a firearm, knife, or other dangerous weapon
• Giving someone a controlled substance that causes harm
• Battery occurring in certain protected locations
Because aggravated battery covers so many scenarios, penalties and available defenses vary significantly. Experienced legal guidance is essential.
Aggravated Battery vs. Battery vs. Assault in Illinois
These distinctions matter because they affect sentencing exposure:
• Assault (720 ILCS 5/12-1): placing someone in reasonable fear of being battered
• Battery (720 ILCS 5/12-3): actual unwanted physical contact
• Aggravated Battery (720 ILCS 5/12-3.05): battery plus injury, protected class, weapon, or other aggravating factors
An experienced attorney may be able to show the charge was overcharged or an enhancement was applied improperly.
Defending Aggravated Battery Charges in Chicago
Andrew M. Weisberg prepares every aggravated battery case with the goal of obtaining the most favorable outcome possible. Potential defense strategies include:
• Self-defense or defense of others
• Showing that the alleged injury does not legally qualify as aggravated battery
• Highlighting inconsistencies in witness statements
• Challenging police procedure or incomplete investigations
• Establishing mistaken identity
• Raising constitutional violations
• Negotiating reduced charges to avoid a felony conviction
Every case is different, and Andrew tailors the strategy to the specific details.
Why Choose Andrew M. Weisberg as Your Chicago Aggravated Battery Lawyer
Aggravated battery cases demand a lawyer who can think like a prosecutor while fighting like a defense attorney. Andrew M. Weisberg brings nearly 30 years of criminal law experience from both sides of the courtroom.
Before becoming a defense attorney, Andrew spent eight years as a felony prosecutor in Cook County and Will County. He has handled violent-crime cases of every kind and knows how prosecutors evaluate evidence, how they negotiate, and how they prepare for trial. He uses that insight to build strong, strategic defenses for his clients.
Clients rely on Andrew for his direct communication, strong negotiation skills, thorough preparation, and ability to navigate the personalities, tendencies, and expectations of judges and prosecutors throughout Cook County.
When You’re Facing Aggravated Battery Charges, Early Action Matters
The earlier you involve a defense attorney, the better your chances of a favorable outcome. Early intervention may allow Andrew to challenge the evidence, negotiate before charges solidify, or secure critical witness information before it disappears.
Frequently Asked Questions About Aggravated Battery in Illinois
What is the most common sentence for aggravated battery?
Sentences range widely depending on the alleged injury, the victim, prior criminal history, and whether a plea agreement is reached. Many cases can result in probation, but others can involve mandatory prison time if certain enhancements apply. The specific facts of your case determine the range of possible outcomes.
Can aggravated battery be reduced to a misdemeanor?
Yes, in some cases. If the prosecution cannot prove the aggravating factor or if the injury does not legally meet the requirement for aggravated battery, the charge may be reduced to simple battery or a different misdemeanor. Strong negotiation and early intervention improve the chances of a reduction.
What if I acted in self-defense?
Self-defense is one of the most common and strongest defenses in aggravated battery cases. Illinois law allows you to use reasonable force to defend yourself or someone else. The key question is whether your actions were justified under the circumstances.
Can I get supervision on an aggravated battery charge?
Supervision is generally not available for felony aggravated battery. However, some cases can be amended to a misdemeanor charge that does allow supervision. This requires skilled negotiation and depends heavily on the facts.
Do aggravated battery cases go to trial often?
Many cases resolve through negotiation, but aggravated battery charges frequently proceed toward trial because the allegations are serious and often disputed. Andrew prepares every case as if it will go to trial, which strengthens your position whether you negotiate or fight the case in court.
Will I have a permanent record if I’m convicted?
Yes. Felony aggravated battery cannot be expunged or sealed. Avoiding a felony conviction is one of the highest priorities in defending these cases.
Contact the Law Offices of Andrew M. Weisberg Today
If you or a loved one is facing aggravated battery charges in Chicago or anywhere in Cook County, immediate legal representation is essential. Andrew M. Weisberg is available 24/7 to discuss your case.
Phone: (773) 908-9811
Online: Submit the Case Review form on our website for a prompt response
Your future is too important to risk. Let Andrew M. Weisberg put his experience to work for you.
