Aggravated Battery of a Police Officer Lawyer in Chicago
Charged with aggravated battery of a police officer in the Chicagoland area? Protect your rights and your future with a dedicated defense attorney who truly cares.


If you’ve been arrested for aggravated battery of a police officer in Chicago, you are facing one of the most serious felony charges under Illinois law. From the moment of your arrest, prosecutors are building a case against you, and anything you say can and will be used to try to convict you.
That is why it is critical to ask for a lawyer immediately and stop answering questions. Do not try to “explain what happened” or clear things up on your own. Statements made under stress can easily be twisted or taken out of context.
At Kovacevic Law, we understand how intimidating it can be to have a police officer accusing you of a violent crime. We take your side, protect your rights, and step in between you and the State so you are not pressured or manipulated into saying something that hurts your case. You are not just a case number. Your life, record, and reputation matter.
What Is Aggravated Battery of a Police Officer in Illinois?
In Illinois, certain crimes become “aggravated” when the alleged victim is part of a specially protected group. That is true for battery.
Battery is generally defined as unlawful physical contact with another person in a harmful or offensive way. When the alleged victim is a police officer, the charge can be elevated to aggravated battery of a peace officer under 720 ILCS 5/12-3.05.
You may be charged with aggravated battery of a police officer if prosecutors claim that you:
- Caused great bodily harm, permanent disability, or disfigurement to someone you knew was a police officer
- Committed a battery because you knew the victim was a police officer
- Used force against an officer to prevent them from doing their job
- Attacked a police officer as revenge or payback
- Injured someone you knew was a police officer using a gun or other dangerous weapon
To convict you, the State must prove not only that a battery occurred, but also that you knew the person was a police or peace officer performing official duties.
You generally cannot be convicted of this specific offense if:
- The officer was off duty and not engaged in official responsibilities, or
- You did not know and could not reasonably have known that the person was a police officer.
These details are often where a strong defense begins.
What Is a “Peace Officer”?
The statute refers to “peace officers,” not just traditional police. A peace officer can include:
- Police officers
- Sheriffs and deputies
- Correctional officers
- State troopers
- Certain investigators or agents who have legal authority to maintain public order, make arrests, or exercise powers similar to law enforcement
This broad definition allows prosecutors to apply aggravated charges in many situations. Your attorney will closely examine whether the person involved actually meets the legal definition of a peace officer.
Penalties for Aggravated Battery of a Police Officer in Chicago
Aggravated battery of a police officer is always a felony in Illinois. The level of felony and potential sentence depend on the facts of the case, including:
- The degree of harm suffered by the officer
- Whether a gun or other dangerous weapon was used
- Your prior criminal history
Possible felony levels and sentencing ranges include:
- Class 3 Felony: 2–5 years in an Illinois state prison and fines up to $25,000
- Class 2 Felony: 3–7 years in prison and fines up to $25,000
- Class 1 Felony: 4–15 years in prison and fines up to $25,000
- Class X Felony: 20–60 years in prison and fines up to $25,000
Certain aggravating factors such as the use of a firearm, permanent disability, or disfigurement can add years or even decades to a potential prison sentence.
Beyond prison time and fines, a felony conviction can affect:
- Employment opportunities
- Housing and rental applications
- Professional licenses
- Firearm ownership
- Immigration status
Because the stakes are so high, having a Chicago aggravated battery of a police officer attorney in your corner is essential.
For a free legal consultation with a Criminal Defense lawyer serving the Chicagoland area, call (312) 344-3340.
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Frequently asked questions
Find answers to the most common questions people have about aggravated battery against a police officer and how a criminal defense attorney can help protect your future.
Is aggravated battery of a police officer always a felony in Illinois?
Yes, aggravated battery of a police officer is always charged as a felony, ranging in different Class depending on the facts, injuries, and whether a weapon was involved.
Can I be charged if the officer was not in uniform?
You can still be charged, but the State must prove you knew or reasonably should have known the person was a police or peace officer performing official duties. If that element cannot be proven, your attorney may seek to reduce or dismiss the charge.
What should I do right after being arrested for aggravated battery of a police officer in Chicago?
Stay calm, do not resist, and politely state that you are exercising your right to remain silent and want to speak to an attorney. Do not discuss the incident with police, other inmates, or on the phone. Contact a Chicago aggravated battery of a police officer lawyer as soon as possible.
Can these charges be reduced to a lesser offense?
In some cases, yes. Depending on the evidence, your criminal history, and the circumstances, your attorney may negotiate to reduce the charge to simple battery or another lesser offense, or to secure probation or other alternatives instead of lengthy prison time.
Will a conviction for aggravated battery of a police officer stay on my record forever?
Felony convictions in Illinois are extremely difficult and often impossible to expunge. This is why it is so important to fight the charge from the start and work with a defense attorney who will pursue the best possible outcome in your case.