Chicago Criminal Defense Attorney Explains Illinois Domestic Battery
According to Illinois criminal law, Domestic Battery is when a person knowingly or intentionally causes physical harm to a family member. If you or a loved one has been charged with domestic battery, don’t wait to call Chicago criminal defense lawyer or Chicago criminal defense attorney. Domestic battery cases that don’t seem serious can result in serious penalties!
Additionally, domestic battery also includes if a person makes insulting or provocative physical contact with a family member against his or her will. Aggravated domestic battery is when the physical harm is so great that it disfigures or disables the family member.
Chicago Criminal Defense Attorney Reviews Domestic Battery
Domestic battery is a case of battery involving family members. Family members include people related by blood or marriage, that share a home, that have or had a dating relationship, or that have a child in common.
Domestic violence can take a number of forms, including physical behavior, forced or coerced sexual acts or behavior, threats, psychological abuse, stalking, or cyber-stalking. Many kinds of abuse often go on at the same time in a household. Domestic battery usually involves repetitive abuse and a cycle of violence. Talk to your Chicago criminal defense attorney or Chicago criminal defense lawyer for more information.
In Illinois, police can arrest a batterer even if the spouse refuses to sign a complaint. If officers are called to the scene of a domestic incident and observe clear signs of a battery (bruises, marks, etc.), and if the spouse verbally indicates who committed the battery, that person can be arrested and held without bond whether the injured spouse signs a written statement or not. Such arrests occur frequently, since battered spouses are often unwilling to prosecute abusive partners for fear of later reprisals.
Chicago Criminal Defense Lawyer Explains Potential Penalties for Domestic Battery in Illinois
Domestic Battery in Illinois is a Class A misdemeanor. The possible penalties are up to a year in jail and a fine of up to $2,500. Aggravated Domestic Battery is a Class 2 Felony which carries a possible sentence of up to 7 years in a state penitentiary and/or a fine of up to $25,000.
The seriousness of a domestic battery charge changed drastically in 2010. If a person puts his hands on someone’s throat during a domestic battery to choke or strangle that person, it’s a Class 2 felony offense of aggravated domestic battery.
Other possible penalties include conditional discharge or probation. Either of these will last for a specific time and include certain court orders. These orders may include community service, domestic violence counseling, and alcohol and/or drug counseling. Court supervision is not an available option unless there is an agreement to reduce the charge to simple battery.
There are a few circumstances that can make a domestic violence charge more severe. If the individual has a previous domestic battery conviction, if children were present during the battery, if there was a restraining order in place at the time, or if the individual has a conviction for one of many other felonies then the domestic violence charge may be more severe. Depending on the circumstances of the case there may also be mandatory jail time if convicted. Many employers will not give a person a job if they have a domestic battery or domestic violence charge on their record.
If you’ve been charged with domestic violence in the state of Illinois, call a competent Chicago criminal defense attorney or Chicago criminal defense lawyer to discuss your case.