With its broad legal definition in the law, you could be charged with aggravated domestic battery even if you believe you did nothing wrong. In fact, even the lightest touch that results in no injury could still be considered a battery.
A range of legal scenarios may result in a person being charged with domestic battery. Some of these may occur even if there is no physical contact and the alleged victims suffered no harm from a domestic battery. Examples include, but are not limited to, the following:
- Intimidation or threats of harm
- Marital rape
- Open-handed slap
- Punching, kicking, or shoving
- Sexual abuse
- or receiving firearms in violation of the federal Gun Control Act.
The penalties and severity of the case will worsen if the person also has prior Domestic Battery Convictions in his/her record.
If you have been charged with domestic battery or predatory criminal sexual assault, having a skilled lawyer in your corner could mean the difference between being acquitted and being convicted. The partners at the Law Offices of Andrew Nickel, LLC previously worked as prosecutors and are well-known for maintaining a remarkable attorney-client relationship.
That history provided them with the skills they require as criminal defense attorneys for any misdemeanor or felony. This, along with a thorough understanding of the legal system and the criminal law, enables them to successfully defend their clients from a variety of criminal charges.
ILCS Domestic Battery Charges and Defense
One commits domestic battery when he or she intentionally causes bodily injury to or physically contacts a relative in an insulting or provoking nature without an acceptable reason. A seasoned lawyer may be able to successfully defend a person charged with domestic battery from federal criminal penalties when he or she is engaging in self-defense.
720 Ilcs 5/12-3.2(a)(1) and (a)(2) Charges Defined
According to Illinois legislation, there are two types of domestic battery crimes: 720 ILCS 5/12-3.2(a)(1) and (a)(2). The first one states that you could be charged with domestic battery for causing injury to any of your family or household members. 720 ILCS 5/12-3.2(a)(2) states that you could also be charged with battery for behaving in a provoking or insulting manner with any of your family or household members.
Contact an Attorney for the Best ILCS Battery Defense
If you have been charged with a violation of ILCS battery in Illinois, it is imperative that you contact an expert lawyer. An attorney with experience arguing felony charges for battery could mean the difference between being exonerated and spending time in prison.
What Is Domestic Battery?
Illinois law outlines the criminal offenses that are domestic violence convictions and aggravated domestic battery. According to 720 ILCS 5/12-3, battery involves “physical harm caused to any other individual or an unwanted, insulting, or provoking contact.” To prove domestic battery, the prosecutor must demonstrate that the incident happened within one of the relationships specified in the Illinois Domestic Violence Act.
Additionally, the state can raise the criminal charge to that of aggravated battery bodily harm if the defendant intentionally caused vast injury or the physical contact resulted in permanent disfigurement or disability.
Illinois Domestic Violence Act
Since the Illinois Domestic Violence Act defines the following individuals as “family or household members,” battery charges involving one of these are classified as domestic battery.
- Relatives of children
- Spouses and former spouses
Depending on the exact legal circumstances, additional relatives and roommates may be included, as well.
Domestic Violence Laws Pertain to Many Situations
The domestic violence laws in IL are quite broad regarding the individuals covered by the statutes and the types of behaviors that constitute crimes.
In regards to the domestic battery of a spouse, disputes are often overblown or misinterpreted when they are reported. Since domestic violence allegations are frequently scrutinized by advocacy groups, seemingly minor incidents resulting in no bodily harm may still be charged as legal domestic violence.
Due to contemporary domestic violence laws in Illinois, many types of disputes among intimate partners or co-parents lead to pending charges. The causes of these often include activities like slapping, shoving, or blocking access to exits, among others.
Living with an aging parent or loved one can be a challenge. Domestic battery criminal allegations may arise when a caregiver is attempting to prevent their loved one from injuring him/herself, another family member or friend, or even the accused.
Domestic Battery in Illinois
If you are arrested for domestic battery in Illinois, you may be charged with a Class A Misdemeanor or possibly a Class 4 Felony. It is a Class 4 felony if you have a criminal history that includes a prior conviction for domestic violence.
Domestic Battery Sentence
When considering a domestic battery sentence, it is important to recognize potentially violent crimes and class felonies, such as these are viewed differently than other crimes. For example, with many misdemeanors, if it’s their first offense, the accused generally qualifies for court oversight. It isn’t considered a conviction by law, and it may even be expunged from the defendant’s permanent record. This is not an option for domestic battery cases.
A conviction for domestic battery requires a prior conviction, and it is not eligible to be expunged from the suspect’s record. Therefore, domestic battery is generally regarded as more severe than other misdemeanors because it includes prior convictions. Employing the right criminal defense lawyer may prevent a conviction and a sentence even if you’re merely facing misdemeanor charges in Illinois.
Domestic Battery Charges
If convicted of domestic battery charges, you will certainly receive at least the minimum sentence. This will never be expunged and will forever remain on your criminal record as a felony domestic battery. You may also be required to attend counseling and anger management courses.
If you’re arrested for domestic violence charges, depending on the circumstances, you may be charged with either a misdemeanor or a felony. The maximum penalty for a Class A misdemeanor is a fine of $2,500 and up to a year in jail. If you have prior convictions, however, you may be charged with a Class 4 Felony. The sentence for this conviction is a maximum fine of up to $25,000 and one to three years in state prison.
After completion of the jail or prison term, you may be placed on probation. A Kane County counselor can provide additional information about your situation, as well as expert representation if you are charged with domestic battery.
Aggravated Domestic Battery Charges in Illinois
If you face aggravated domestic battery charges in Illinois, a skilled attorney may petition on your behalf for probation. Even if the court grants this petition, you will still be required to serve at least 60 days in prison.
Any defendant with prior aggravated domestic battery convictions, however, will be required to serve between three and seven years for a felony. This term can be increased to around 14 years if the prosecutor meets specific standards that have been established by state legislation.
The court may reach a Class 4 felony conviction if the criminal history of the accused includes at least one previous domestic battery conviction. The incident or behavior may also result in a Class 4 felony if it consists of one of the conditions listed in the Illinois Domestic Violence Act. These include:
If you’re facing charges of aggravated battery in or around Kendall County, Illinois, an attorney can investigate and discover if you were wrongfully charged. In the event that the charges are not dropped, an experienced criminal defense lawyer may be able to negotiate a plea bargain for lesser charges.
Illinois Order of Protection Facts
Often in situations where an individual fears the actions or motives of their family or household member, he or she may seek an Order of Protection. There are three specific categories.
- An Emergency Order of Protection (EOP) is a court order that protects the petitioner from a specific individual called the respondent. As an emergency action, the order doesn’t require the respondent to know about the hearing, and the order takes effect as soon as the judge approves it. An Emergency Order lasts only 14 to 21 days.
- An Interim Order may be issued if after the respondent has been served or when they are in the process of being served, but they have not yet had their court hearing. The Interim Order can last up to 30 days.
- The Plenary Order is issued by the judge at the court hearing. Although the petitioner must appear in court, the accused may decline attendance. He or she must be informed of the hearing, as well as the outcome. A Plenary Order may continue up to two decades.
If you find yourself the respondent of an unnecessary protection order, it will behoove you to seek counsel. You may be banished from your home and unable to be in the presence of your other family members, including children and parents. This is more than an inconvenience.
Illinois Order of Protection Statute
According to Illinois Order of Protection statutes, the withdrawal or dismissal of an order of protection request will be viewed without prejudice. No further actions would be required.
If, however, the respondent to the order is being prosecuted for domestic battery, the request for the protection order will not be dismissed while the charges are pending.
If you or someone you know has been accused of domestic battery, contact a qualified attorney to learn your rights and receive the best representation possible.
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