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Aggravated Battery is a Class 3 felony. Although probation is an option, it can carry 3 to 5 years in prison and fines up to $10,000.00
Aggravated battery in criminal law is a more serious form of battery, and is considered a felony. Aggravated battery can be punished by a fine or more than a year in prison. Simple battery which is a misdemeanor can only be punished by less than one year in prison, or by a fine.
Can you imagine if a civilian did the same thing? They'd be crucified.
But Weis said he was not going to recommend the officer's case to federal authorities because he was off-duty at the time. "I would be shocked if the Department of Justice pursued [the case]" he said.
He noted that Abbate had no prior criminal history, and his crime did not involve a handful of other factors that under the law would justify a sentence greater than probation.