Mount Prospect Domestic Battery Attorneys

Illinois judges and prosecutors take domestic battery charges seriously. You may wonder what the future holds if you are innocent and arrested for a domestic battery charge. This crime may be charged as a misdemeanor or felony, depending on the situation, and a conviction can devastate your life for years. If you have been arrested on this charge, the Mount Prospect domestic battery attorneys at Villadonga & Villadonga are prepared to offer a vigorous defense.

How Is Domestic Battery Defined?

State law states that domestic battery is committed in two ways. First, you have caused bodily harm to your family or household member. Second, you make physical contact provokingly or insulting a family or household. In addition, the prosecutor must prove you committed the action knowingly and intentionally without a valid legal reason.

How Is A Family Or Household Member Defined?

A vital aspect of this crime is when it is committed against a family or household member. Otherwise, the crime would be charged as simple battery. ‘Family or household member’ is defined as follows:

• A former or current spouse
• Anyone who is blood-related to you or through marriage or previous marriage
• People with whom you have children
• People who date or have dated
• People who reside with or resided with
• Disabled individuals and their assistants and caregivers

What Is Aggravated Domestic Battery?

This crime could be aggravated domestic battery if various factors were present when the alleged act was committed. For instance, if the violent action caused great bodily harm, permanent disability, or disfigurement, it could be aggravated domestic battery. This would be charged as a Class 2 felony with a minimum jail term of 60 days when the court gives you probation or a conditional discharge. But if this is the second or subsequent conviction, you will get at least three years in state prison.

What Are Domestic Battery Penalties?

A domestic battery charge can be a misdemeanor or felony, but it is often considered a Class A misdemeanor for the initial offense. You can get up to one year in county jail and a $2,500 fine if convicted. But a second conviction is a Class 4 felony, punishable with one to three years in prison and a fine of up to $25,000.

There is a mandatory minimum sentence for domestic battery. So, being convicted of domestic battery cannot be expunged or sealed without the governor’s pardon. Being convicted of domestic battery means others may know about it, including employers and landlords.

Interfering With A Domestic Violence Report

It is also a violation of the law to prevent a person from reporting the crime to law enforcement. If you try to prevent a victim from reporting the incident or prevent him or her from receiving medical treatment, this may be charged as a Class A misdemeanor.

How Can You Defend Against A Domestic Battery Charge?

A Mount Prospect domestic battery attorney has the knowledge and skill to use many defenses against this charge to reduce the adverse outcomes. Sometimes, your defense could be so compelling that the charges could be dropped. However, the most common way to fight the charge is in self-defense.

Imminent Danger

Your attorney must prove that you had reason to believe there was an imminent threat to you or another party. In this state, imminent danger means you were afraid you or someone else was going to be illegally touched, injured, or killed.

Rational Response

You can only argue self-defense if you acted rationally to an imminent threat. If you responded in a manner that seems excessive, it might not be considered self-defense.

Other potential defenses to this crime exist, such as the victim not telling the truth. While every domestic violence accusation must be taken seriously, there are situations where the alleged victim could be fabricating the story to take revenge. If this is the case, your attorney can search for evidence that the person’s injuries do not coincide with their story.

Also, accidents happen, and an incident reported as domestic violence could be unintentional. If you can prove that the injuries you caused to the other person were accidental, your attorney might be able to get the charges dropped.

Can Domestic Battery Be Proven Beyond A Reasonable Doubt?

Domestic battery charges are serious but remember, you do not have to prove you did not commit the act; the prosecutor must prove beyond a reasonable doubt that you did. You could be found not guilty if they cannot provide conclusive proof. It also helps to have a skilled attorney submit evidence that goes against what the alleged victim testified. For example, your attorney could point out possible defensive injuries and even bring in physical evidence to show that you are innocent of harming the other party.

The Defendant Cannot Drop Domestic Battery Charges In Illinois

Domestic battery is a violent crime in Illinois, and the state can still prosecute you even if the victim changes their mind and does not want to press charges. The only way the charge can be dropped is if the prosecutor thinks they lack enough evidence. Even then, there is no assurance they will drop the charges. So, remember the charges can go forward even if the alleged victim recants.

Contact Our Mount Prospect Domestic Battery Attorneys

Were you charged with domestic battery in Mount Prospect or in another part of the Chicago region? The stakes are high, your future is on the line, and you need qualified criminal defense counsel today. You should not ever attempt to defend yourself from such a severe charge. Please contact our Mount Prospect domestic battery attorneys today at 847-298-5740.