Aggravated battery is one of the most serious forms of battery. It usually involves a physical act or contact with another person without that person's consent and with an intention to cause harm. Usually, this involves some form of serious injury. Aggravated battery can result in temporary disfigurement, permanent disfigurement, irreparable harm, greater bodily harm, serious risk of death, loss of a limb or body part requiring surgery.
When an individual uses a “deadly weapon” during an attack, this will usually be interpreted by most states as aggravated battery. Deadly weapons include guns, knives, rocks, bricks, and even boots. They refer to any weapons that are able to cause harm. A person who has committed an aggravated battery will be charged with a high level misdemeanor or felony.
In Illinois, an aggravated battery is defined as: "(a) Offense based on injury. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly does any of the following: (1) Causes great bodily harm or permanent disability or disfigurement. (2) Causes severe and permanent disability, great bodily harm, or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound. (3) Causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons."
In Louisiana "aggravated battery is a battery committed with a dangerous weapon. Whoever commits an aggravated battery shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than ten years, or both."
In Kansas: A person commits aggravated battery who, in committing battery: "1) knowingly or recklessly causing great bodily harm to another person or disfigurement of another person; 2) knowingly or recklessly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted." Aggravated battery is also defined in State v. Whittington, 926 P.2d 237 (Kan. 1996).
[Last updated in December of 2021 by the Wex Definitions Team]