How can someone be charged with 3 counts of the same thing? - Criminal Law Questions and Answers- LawQA.com

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How can someone be charged with 3 counts of the same thing?

My friend was charged with 3 counts of aggravated battery on a pregnant person. How do they charge him with the same thing 3 times? Also if he has a prior charge of aggravated battery how much time if he is convicted?

Timothy J. Thill P.C.
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There are different subsections for the same offenses, here in Illinois, and the indictment reflects three possible subsections that your friend could be charged with. This does NOT mean he will get three different convictions for three individual cases, his penalty will be for the commission of the aggravated battery case, and he probably is looking at 3 years in the state pen, as a minimum sentence, although that could be enhanced to 14 years, quite easily, because of his conviction for the same class of felony within the past 10 years.

Answer Applies to: Illinois
Replied: 7/18/2012

Answer By Steven Hunter

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To avoid double jeoardy issues, prosecutors will frequently charge the same crime with sightly different elements, (i.e. Aggravated Battery because it is on a public way, Aggravated Battery because it is great bodily harm, Aggravated Battery because the victim is a teacher, etc.).

Answer Applies to: Illinois
Replied: 7/17/2012

Answer By Myles Hahn III

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The State can charge different variations of the same incident. They can charge Aggravated battery on a public way, and then also aggravated battery with a deadly weapon (if that is what happened.) The judge or jury decide which charges the defendant is guilty of. Your friend should retain a qualified attorney immediately.

Answer Applies to: Illinois
Replied: 7/17/2012


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Under Illinois law prosecutors have vast discretion to charge different ways of the same offense. The possible sentence upon conviction depends upon the severity of the crime,whether a weapon was used during the crime, the Place of the crime, the age of the victim,prior criminal history of the defendant,and perhaps other factors. Hire an experienced lawyer for this case.

Answer Applies to: Illinois
Replied: 7/17/2012


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There are different forms of charging many offenses...it depends on the facts of each case.....nothing unusual about charging the same offense in different forms.

Answer Applies to: Illinois
Replied: 7/17/2012

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