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Domestic Battery in Illinois

Domestic battery, domestic violence

Domestic battery is a different charge from battery in that domestic battery involves causing bodily harm to a family or household member. Second, a person can be charged with domestic battery for making contact of an insulting or provoking nature with any household or family member.

A household member can even be a roommate with no familial or romantic relationship. Other victims can be family members, children, stepchildren, or even someone you were formally in a relationship with.

Domestic Battery as a Misdemeanor and Felony

Domestic battery can range from a Class A misdemeanor to a felony charge depending on the circumstances. A Class A Misdemeanor is punishable by up to 364 days in jail and a $2,5000 fine. Domestic Battery can be charged as a Class 4 felony if a person has one or two prior convictions of domestic battery. The sentence for a Class 4 felony can result in 1-3 years in jail. Depending on a person’s criminal background, domestic battery can even be charged as a Class 2 felony.

Mandatory Minimum Requirements

Illinois takes domestic battery charges seriously, and imposes more stringent punishments. A charge of domestic battery is not eligible for supervision. Domestic battery is a serious charge—if you are found guilty, this charge cannot be expunged or sealed from your criminal record. If the Court finds that a child was present during the domestic battery, there is a mandatory requirement the defendant completes 300 hours of community service.This will not only affect your criminal record, but your ability to find employment.

FOID Card and Domestic Battery Charge

A conviction for domestic battery can also result in your FOID card being revoked or attempts in the future to obtain a FOID card being denied. After you are charged with domestic battery, you will have to surrender any weapons in your possession and your FOID card to your local police station.

Contact us for your Domestic Battery Charge

If you have been charged with domestic battery, you need to contact an attorney right away to start working on your case. At Villadonga & Villadonga Attorneys at Law, we have vast experience defending clients with this charge. Contact us today at 847-298-5740 to defend you in your domestic battery case.

 

*The contents contained herein are a synopsis of the law and is by no means a full rendition of the law. Use of this website does not create an attorney-client relationship with the user and Villadonga & Villadonga Attorneys at Law. While this page contains information about legal issues, it is not intended as legal advice or substitute for personalized advice from an attorney.

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What Should You Know About Domestic Violence Charges In Illinois

domestic violence

The state of Illinois takes domestic violence seriously. If you were accused of domestic violence, you would face a jail or prison sentence and thousands in fines, plus a permanent stain on your record that makes employment difficult. Learn more about domestic violence charges below, and contact our Illinois domestic violence attorneys if you need legal assistance.

What Constitutes Domestic Violence In Illinois?

For a crime to be domestic violence, the law (725 ILCS 5/112A-3) states that the alleged perpetrator and victim must be household or family members, which is defined in this way:

  • Former or current spouses
  • Parents, children, stepchildren, and others who are related by marriage or blood
  • Individuals who share or once shared a dwelling
  • People who have children together
  • People who have disabilities and their caregivers
  • People who are engaged or dating

The law refers to domestic battery in these situations, which means intentionally causing physical harm to a family or household member or making physical contact in an insulting or provoking nature with a member of the family or household. Domestic battery is a Class A misdemeanor in Illinois and can be punished by one year in jail and up to a $2,500 fine. However, if the perpetrator has a previous domestic violence record, it can be upgraded to a Class 4 felony, punishable by up to six years in state prison and a $25,000 fine.

The crime is defined as aggravated domestic battery if the perpetrator causes severe bodily harm, disfigurement, or permanent disability. This crime is a Class 2 felony, and if you have one or more previous convictions, you will receive at least three years in prison.

Potential Defenses To A Domestic Battery Charge

The key to the prosecutor’s case is proving that domestic abuse occurred, which is defined in the Illinois Domestic Violence Act of 1986. They must prove that some type of abuse occurred, such as pushing, hitting, forcing intercourse, or not letting someone leave. Abuse also could be harassing your domestic partner, such as calling or texting them repeatedly, making threats, following them, or keeping them from seeing their children.

If the prosecutor cannot prove that abuse occurred, their case is problematic. Some of the possible defenses to a domestic violence charge are:

Inadequate Evidence

Prosecutors and police must meet the burden of proof to convict someone of a crime. If there is not enough evidence, the case could fall apart. For example, if your ex claims you were harassing him or her in phone calls and phone records show you have not called him or her in months, that could suggest inadequate evidence.

Victim Is Not Telling The Truth

All domestic violence accusations must be taken seriously. However, there are occasions when the alleged victim might not tell the whole story. After a domestic quarrel or breakup, it is not uncommon for one of the partners to wrongfully accuse the other of domestic violence. A skilled attorney can show that the alleged victim could be lying.

Self-Defense

Sometimes the alleged victim was actually the aggressor, and a closer look into this can show the judge what really occurred.

Contact Our Illinois Criminal Defense Lawyers Now

Being charged with domestic violence in Illinois is serious, but you have not yet been convicted. There are various effective defenses for domestic violence charges, and an experienced attorney is an invaluable resource. Contact our Illinois criminal defense attorneys at Villadonga & Villadonga. We are ready to protect your rights, so contact us at (847) 298-5740.