Defendant’s Conviction is Upheld for Aggravated Battery of a Police Officer
An Illinois defendant was convicted of aggravated battery of a police officer. He appealed the ruling on the grounds that there was insufficient evidence to support such a claim. The Illinois 5th Circuit Court of Appeals denied his claim and found that there was sufficient evidence to support a conviction. In this article, the Decatur, IL criminal defense attorneys at Patel Law, PC will discuss the facts of the case and the charges filed against the defendant.
Background of the case
According to the suit filed by the state, the defendant was accused of battery on a police officer. He was alleged to have grabbed the officer by the chest and dragged him around. The state alleged that the defendant made physical contact with the officer in an insulting or provoking nature and charged him accordingly under Illinois law.
At the time of the incident, the defendant was in court on an unrelated matter. The officer whom he committed battery against was acting as a peace officer in traffic court. The officers asked the defendant to remove his hat, but the defendant refused to comply. The officer took the hat off the defendant and handed it to him.
Once he was in the courtroom, the defendant stood in the front row before the judge. The judge ordered two officers to arrest the defendant for contempt of court. After the judge ordered the defendant’s arrest, the officers attempted to handcuff the defendant. The defendant resisted. The defendant pulled his hands away from the officers attempting to cuff him. As the officers were attempting to get the defendant under control, the defendant struggled and one of his hands hit the officer in the chest knocking off his nametags and the radio on his vest. The defendant then grabbed the officer’s vest carrier and attempted to pull the officer to pull the officer down.
Elements of battery on a police officer charges
By definition, a peace officer is considered anyone charged with the enforcement of the law. This includes security officers in courthouses. To commit battery against a peace officer you must make contact which results in harm or offense or is of an insulting or provoking nature. To qualify as aggravated battery on a peace officer, the contact must intend to cause bodily harm or permanent disability. The final element of the crime is that the defendant knew that the individual they battered was a police officer at the time of their arrest.
In this case, the defendant was given 7 years on the charges of aggravated battery of a police officer. The mandatory minimum sentence for such a charge is 4 years in prison. You can be sentenced to as many as 15 years on these charges.
Talk to a Decatur, IL Criminal Defense Attorney Today
Patel Law, PC handles cases related to aggravated battery of a police officer and other criminal offenses charged under Illinois law. Call our office today to schedule an appointment, and we can begin preparing your defense immediately.