Aggravated Battery of a Judge in Illinois

assault and battery, Illinios criminal defense attorney, Illinois defense lawyer,An Illinois man who was in criminal court for a routine appearance in an unrelated aggravated battery case is now facing additional charges after suddenly breaking free from the sheriffs who were leading him back to a holding area and pummeling the presiding judge. At this time, it is not clear what injuries the judge has sustained, but it is likely that even with the judge sustaining minor injuries, the man will face additional aggravated battery charges based on the victim being a judge.

Aggravated Battery in Illinois

In Illinois, aggravated battery is defined based on various categories based on the injuries the victim sustains, the use of a weapon by the person committing the battery, the location of the battery, or the status of the victim. Under the definition of aggravated battery based on the status of the victim, a person can be prosecuted for committing a battery knowing the victim to be a judge who is performing his or her official duties; to prevent the judge’s performance of his or her official duties; or in retaliation for the judge performing his or her official duties. The reason for the man’s actions has not been reported, however, the prosecution could argue that the man here committed a battery on the judge knowing him to be a judge performing his official duties. A battery is committed when a person intentionally or knowingly causes another person bodily harm.

In addition to the status of the victim definition, because the attack took place in a courthouse, the man may also face charges of aggravated battery based on a location of the attack definition, which prohibits battery in certain public places. If the judge’s injuries are classified as relatively serious, then the defendant could face charges under the general definition of aggravated battery, which simply defines the offense as when a person, in committing a battery, causes great bodily harm to the victim. The prosecution generally decides which definition to rely on in charging the defendant.

An aggravated battery charge under these conditions would be a Class 3 felony, and if convicted, the accused would face a prison sentence of between two to five years, or five to 10 years if the person is eligible for an extended sentence. There are also applicable fines.

There may be various reasons that the man, who was on his way out of the courtroom, decided to come back in and attack the judge. Depending on the circumstances surrounding the incident, the prosecution may decide to work out a plea with the defendant. However, the prosecution may wish to send a strong message that defendants cannot attack judges in open court, and pursue the most serious charges the law would support.

Contact an Illinois Criminal Defense Attorney

If you have been charged with battery or aggravated battery, contact an experienced Naperville criminal defense attorney to handle your defense. At Law Office of Glenn M. Sowa, LLC we zealously represent our clients to ensure the best results.