Matthew David Keenan Criminal Law Blog on Lawyers.com

You must have been really drunk
because you don’t remember what happened. 
But apparently, you went berserk and hit a police officer.  The officer even ended up in the emergency
room.  Now, you are charged with
aggravated battery.

What is the law?  What can you do?

In Illinois, you can be charged
with aggravated assault if you knowingly cause a police officer to reasonably
fear that you are going to cause bodily harm while the officer is performing
their duties. For example, maybe you threatened to hit the officer or you pointed
a gun at them.  Aggravated assault is a
Class A Misdemeanor, punishable by up to one year in jail and a $2,500
fine.  If you used a gun, blackjack,
shotgun or other weapon in threatening the officer, you can be charged with a Class
4 Felony, punishable by 1 to 3 years in jail.

If you actually harm the officer or
make contact of an insulting nature such as grabbing at them, you can be
charged with aggravated battery.  If you
did not cause great bodily harm, disfigurement or permanent disability, the
charge is a Class 2 Felony, punishable by 3 to 7 years.  If the police officer was seriously harmed, you
can face a Class 1 Felony, punishable by 4 to 15 years.  If you hurt the officer while shooting a gun,
you are now eligible for a Class X felony, with a mandatory minimum prison term
of 15 years.  If you used a machine gun,
the minimum prison term increases to 20 years.

As you can imagine, prosecutors and
judges take attacks on police officers very seriously, but your situation may
not be hopeless.

If you are charged with aggravated
assault or aggravated battery to an officer, contact an experienced criminal
law attorney immediately.  As with other
crimes, the State must still prove you guilty beyond a reasonable doubt.  An attorney can help review your options for
a defense.  For example, Illinois law
requires that you knew the person was an officer and that they were engaged in
their official duties.  If the officer
was off duty or in plain clothes, you may have a defense.

Even if the evidence against you is
overwhelming, an experienced attorney, familiar with the judge and prosecutors,
may be able to negotiate a more beneficial plea bargain than you could on your
own.

If you have questions about this or
another related criminal or traffic matter, please contact Matt Keenan at
847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt
Keenan also serves the communities of Arlington Heights, Chicago, Deerfield,
Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles,
Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)