Q: My sister was the victim of battery on Friday 11-30
The girl who attacked her was arrested on a battery charge, and is maybe 14-15 years old.
Can she be charged with aggravated battery as a Class 4 felony if my sister has lasting marks and bodily harm (she does) and evidence shows that the girl initiated and continued to beat my sister bloody?
A: Unfortunately, it is not up to your sister what the defendant is charged with. It is up to the State, who is the prosecutor. I suggest reaching out to the State and giving them an update on her status on what issues she is facing.
1 user found this answer helpful
A:
That's up to the prosecutor. You should try to have a talk with someone in the State's Attorney's Office in the County for which the incident occurred.
Sounds like it would be prosecuted in juvenile delinquency court.
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