the case . The photo at issue shows the girl with painter 's tape over her mouth and binding her wrists and ankles . Above the photo on Curry 's Facebook page were the words , `` This is wut happens wen my baby hits me back . ;-RRB- '' The Facebook page appears to have been taken down . But the image was picked up by other websites . The Cook County State 's Attorney 's Office also told CNN that the caption was with the photo on Curry 's Facebook page . Andy Conklin , a spokesman for the state 's attorney 's office , told CNN Wednesday the girl in the photo is 22 months old . `` The photo itself does not tell the story of who our client is and how well he takes care of this child , '' said Sundaram . He said his client will not face the felony charge if prosecutors can not prove the girl suffered any injuries from the incident . If that 's the case , he said , prosecutors could at most seek a charge of misdemeanor battery . Conklin said the next court date will be
-LRB- CNN -RRB- -- A man who allegedly gagged and bound his toddler 's arms and legs with tape and posted a photo of her on Facebook is `` devastated by the situation , '' his attorney told CNN Thursday . Andre Curry , 21 , is charged with aggravated domestic battery , which is a felony , Chicago police said . In court Wednesday , his bond was set at $ 100,000 . `` It 's our belief that after the investigation by the state and DCFS -LRB- the Illinois Department of Children and Family Services -RRB- is concluded , Andre Curry will be vindicated , '' said assistant public defender Anand Sundaram . Curry has no history of child abuse and the girl has not shown injuries , Sundaram said , adding that the family is cooperating in the investigation . The girl was being checked by a doctor Thursday for any injuries , whether old or new , he said . With the photo `` going viral on the Internet , things may have been blown out of proportion , '' Sundaram said . Sundaram gave few details , saying he could not comment on specifics of