(CNN) -- 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 (the Illinois Department of Children and Family Services) 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 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. ;)"





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 cannot 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 December 27.





In the meantime, Curry remains behind bars. He would need to post $10,000 toward his bond to leave jail, Sundaram said.
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question: who posted a photo?, answer: Andre Curry, | question: who is being examined by a doctor, answer: The girl | question: that day the child was examined, answer: Thursday | question: what does andre says, answer: "devastated by the situation," | question: who was being examined?, answer: The girl | question: who takes good care of the child?, answer: Andre Curry, | question: for what is he being charged, answer: aggravated domestic battery,