Battery, which is generally charged as a misdemeanor, can be elevated to a felony when certain facts or circumstances exist. The felony version of the charge can take on various forms. The list does not include each and every aggrevating scenario, but it highlights those that Evan E. Randall frequently sees in his criminal defense practice. No matter which category is charged, it is imperative that an experienced criminal defense attorney be consulted at the earliest possible moment. This would maximize the possibility of a favorable outcome.

In McHenry County, the State's Attorney prosecutes aggravated battery cases, brought pursuant to 720 ILCS 5/12-4, very aggressively. It is important that an equally aggressive and experienced defense attorney defend against the allegations. 


Injury Based Factors - Depending on the nature and extent of the injuries caused, the State's Attorney may elect to elevate the misdemeanor charges to the felony level. 

  • Great Bodily Harm or Disfigurement - Whether or not a particular injury causes great bodily harm is up for a jury, but there is a more concrete definition of what constitutes disfigurement. 
  • Strangulation - Due to the extent of injuries that can be caused when one person strangles another, the lawmakers decided that any incident of choking should be able to be charged as a felony. 

Victim Based Factors - The status of the victim can be used to bring felony battery charges as well and these are a few of the more common scenarios:

  • Child - If the defendant is an adult and the victim under the age of 18
  • Intellectual Disability 
  • Elderly - The victim must be at least 60 years of age
  • Pregnant 
  • Teacher
  • or school employee on school grounds
  • Police Officers
  • Emergency Response Member - most commonly, this subsection is used to charge someone with felony battery when the victim is aa first responder or part of the medical response team.
  • Doctor or nurse - If they are engaged in their profession, then doctors and nurse are offered heightened legal protection and a battery against them can be raised to the more severe felony level. 

Location Based Factors - In Illinois, battery offenses that occur in certain places, like those listed below, can be brought as felony aggravated battery.

  • Public property
  • Public place of amusement - this is a broad category that encompasses almost any place where the public can be. Evan E. Randall has defended many clients in McHenry County that were charged under this section for getting into a fight in bars, restaurants and other local venues. 
  • Sports venue - If there is a battery committed in a sports stadium, then the charge c an be elevated to a felony.
  • Domestic violence shelter

Weapons Based Factors - If there is a weapon that is threatened to be used or is actually used, then there is a subsection that raises the conduct to the felony level. Due to the nuances involved in such situations, a free consultation is highly reccomended.  


Felony charges are very serious and they need to be treated as such. Penalties include prison sentences and the fines can amount to thousands of dollars. Therefore, the utmost care must be used when defending against these accusations. 

An experienced attorney knows how to find the flaws in each case and maximize them to their fullest potential. In some cases, there may be a unique diversion program available that would ultimately result in the charges being reduced to a misdemeanor or petty offense or, in many circumstnaces, dismissed altogether. McHenry County has various diviersion programs that are available and you should consult an experienced McHencry County defense attorney to find out if you could benefit from participating in such a program.