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DuPage County criminal defense attorneyIn the state of Illinois, a battery is never taken lightly. When the victim is a woman, in some circumstances, punishments can be harsher. If the victim is a pregnant woman, the repercussions double. Not only are there charges for the attack on the woman, but also the child she is carrying. The crime then becomes twofold as aggravated battery and battery of an unborn child.

Aggravated Battery

Assault is a situation in which one person reasonably believes that they are in immediate danger of physical harm. The charge escalates to battery once physical contact occurs. Dependent on who the victim is and where the accident took place, the allegations may increase to aggravated battery. A woman who is pregnant is considered to be a part of the protected group. If the victim and the accused do not know each other but if the defendant knows that a person is pregnant, the charge elevates from battery to aggravated battery. Aggravated battery is a Class 3 Felony. Sentencing for such a crime would be:

  • At least two years up to five years of incarceration;
  • Extended sentences of up to 10 years; and
  • Fines of up to $25,000.

Unborn Victims of Violence Act

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