CHICAGO — A group of attorneys have called on State’s Attorney Eileen O’Neill Burke to upgrade a misdemeanor battery charge that is pending against an Immigration and Customs Enforcement agent to a felony, questioning why the case was filed as a misdemeanor in light of what they said were aggravating circumstances.

The Chicago Council of Lawyers, a group that advocates for marginalized populations in the legal system, and Rubén Castillo, a former United States district judge and chair of the Illinois Accountability Commission, joined the alleged victim, Robert Held, in asking Burke to take another look at the charges against Adam Saracco, who was arrested on Dec. 27 after a confrontation at a Brookfield gas station. Held is an attorney and a member of the Chicago Council of Lawyers.

Burke’s office, though, said in a statement that prosecutors “evaluate evidence in a consistent manner to ensure everyone is treated equally and held to the same legal standards” and must be able to prove every element of an alleged crime.

“No one is above the law, and the CCSAO is committed to holding anyone who violates the law accountable regardless of their position, status, or title,” the statement said.

Saracco is charged with one count of misdemeanor battery for allegedly throwing Held, a frequent protester at the immigration processing facility in Broadview, against the ground while he filmed the agent on his phone. An attorney for Saracco did not immediately respond to a request for comment.

Saracco was off duty at the time.

The closely-watched misdemeanor case is the only known instance of charges against an immigration agent for alleged conduct toward a protester in Cook County, and the calls for a more serious charge come as some officials, advocates and community members have been applying pressure on Burke to pursue charges against agents for alleged wrongdoing during Operation Midway Blitz.

Saracco briefly appeared in court Tuesday in Maywood. A judge set the case forward for a new status date, as his attorney told the court he is reviewing mitigating evidence.

But during a press conference following the hearing, Held and the attorneys said aggravating circumstances in the case should meet the legal threshold for the battery case to be charged as a felony. They cited an Illinois statute that provides for more serious consequences for alleged attacks on a public way and against people who are 60 years or older in certain circumstances.

Under the statute, prosecutors would face a higher burden to prove a felony case based on age, which provides that a defendant knew the individual was over 60. The office rarely files aggravated battery charges based only on the location of the incident.

Held said he was 68 at the time the alleged battery and was attacked while he was filming from a public sidewalk. He said he has asked Burke to upgrade the charges, but has not received a formal response.

“We’re asking State’s Attorney Eileen O’Neill Burke … to evaluate this agent’s behavior,” Castillo said.

The Brookfield Police Department previously released partially redacted police reports and body camera footage to the Tribune following a Freedom of Information Act request that showed interviews done on site with Saracco, Held and other witnesses.

A witness told police she was stopped at a light and pulled around when she “saw this old man being tackled to the ground.”

“I started beeping my horn … and I said get off him!” the woman said.

According to police reports released by the Brookfield Police Department to the Tribune, the state’s attorney’s office “rejected Felony Approval, stating the case was more appropriate in the misdemeanor court room.”

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