Aggravated Battery of a Child

 Posted on December 28, 2018 in Child Abuse

The death of a three-month-old baby led to the recent arrest of a Marion, Illinois man. The man was arrested for battery to a child, domestic battery, and aggravated battery. Police responded to a female caller who said that her child was being abused. The mother took her baby to the Heartland Regional Medical Center before police showed up, but the baby died of his injuries, allegedly inflicted by the man arrested for the crime. As of this writing, it is not known whether the man had any relation to the baby, or what his relationship is to the woman who called the police. However, the crimes that he was taken in on are serious felonies, as evidenced by his $1 million jail bond.

Aggravated Battery of a Child Is a Felony

Under Illinois statute 720 ILCS 5/12-3.05(b), aggravated battery of a child is defined as follows:

• Knowingly causing serious bodily injury, disfigurement, or disability; or
• Knowingly causing bodily harm, disfigurement, or disability;

And:

• The act of injury the child was unjustified;
• The defendant is 18 years of age or older; and
• The victim is under 13 years old.

Aggravated battery of a child is a Class X felony in Illinois, which carries a prison sentence of six to 30 years. However, additional years may be applied in the following circumstances:

• If the defendant was armed with a firearm while committing the crime, 15 additional years can be added to the sentence for a total of 45 maximum years;
• If the defendant fired a gun while committing the crime, 20 additional years can be added to the sentence for a total of 50 maximum years behind bars; and
• If the defendant fired a gun and caused great bodily harm, disability, death, or permanent disfigurement to anyone, 25 additional years can be added to the sentence for a total maximum of 55 years in prison.

Aggravated Battery of an Unborn Child

Aggravated battery of an unborn child is a Class 2 felony under Illinois 720 ILCS 5/12-3.1(a-5). If a fetus is injured, disabled, or disfigured due to the battery of the mother, this offense can be added to the offense against the mother. Often it is a more serious crime to cause injury to an unborn fetus than it is to cause harm to another person. However, committing aggravated battery to a pregnant woman is also a Class 2 felony, punishable by three to seven years. As such, it is not uncommon for a defendant who has caused injuries to an unborn child to be charged with two Class 2 felonies, totaling 14 years, and more for an extended term.

Contact a Cook County Attorney for Help Today

Whether you are charged with battery, aggravated domestic battery, battery to a child, or any other crime of violence, you need to contact a Cook County attorney. Call the dedicated Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley at 847-253-3100 to schedule a free consultation.

Source:

https://www.bnd.com/news/local/crime/article222258500.html