Robbery while armed with a handgun constitutes armed robbery, a Class X offense with a penalty of 6 to 30 years. The court found the two offenses substantially identical, but punishable by unconstitutionally disparate penalties. In this case, defendants contend that armed violence predicated upon aggravated battery has substantially identical elements as aggravated battery with a firearm. Aggravated battery is defined as intentionally or knowingly causing great bodily harm or permanent disability or disfigurement while committing a battery. Aggravated battery with a firearm is knowingly or intentionally by means of discharging of a firearm causing injury to another person while committing a battery.
Armed violence is the commission of any felony while armed with a dangerous weapon.
A person is considered armed with a dangerous weapon when he carries on or about his person or is otherwise armed with a category I, category II, or category III weapon. A handgun is a category I weapon. The standard of review in determining whether a penalty violates the proportionate penalties clause is whether the penalty is cruel or degrading, or so disproportionate to the offense committed as to shock the moral sense of the community. The legislature has broad power to create offenses and prescribe penalties. Although similar, the elements of aggravated battery with a firearm and armed violence predicated upon aggravated battery are not identical.