What You Need to Know About Domestic Battery Charges

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Are you facing criminal charges in the Chicago area? At the Law Offices of Michael P. Schmiege, our founding attorney has years of experience in protecting the rights of people who have been accused of DUI, drug crimes, violent crimes, theft, white collar crimes, arson, armed robbery, criminal appeals, sex crimes, and more.

Although spouses may get into tiffs from time to time, most couples understand that there's a big difference between a silly argument and domestic abuse. Unfortunately, domestic battery is more common than many people realize and covers many types of relationships. In some cases, you may find yourself in need of a domestic battery attorney -- even when you're actually innocent of related accusations.

There are wide sweeping definitions of what domestic battery is and how someone can be charged with this crime. Having an experienced domestic battery lawyer Will County defendants can count on is essential, as fighting a domestic battery charge without a domestic battery attorney can be the worst choice for your future. There are serious penalties associated with these charges. Let's take a closer look at domestic battery and what you need to know if you're been charged with such a crime.

Domestic Battery Laws

The Illinois Domestic Violence Act (750 ILCS 60/101) outlines the criteria for a domestic battery charge. Under the law, abuse can include harassment (verbal), physical abuse, intimidation, willful deprivation, and interference with personal liberty.

The law goes on to describe which relationships are covered under the law. These include married couples, as well as separated and divorced spouses; dating relationships (both current and former); parent and child or step-child relationships; family blood relatives; and disabled or elderly adult caregivers, among others.

Any arguments, threats, or an unwanted personal contact between the aforementioned parties could result in a domestic battery charge. These charges come with serious consequences.

What is the Punishment for a Domestic Battery Conviction?

Domestic battery is not an easy charge to navigate. Judges treat these cases harshly, prosecutors fight for severe punishments, and the general public tends to be unforgiving. These types of charges often make headlines before someone ever goes to court. Even if they are never convicted, the press coverage can change their lives forever.

Domestic battery can be charged at both the misdemeanor and the felony levels. A misdemeanor charge can end up with about a year in jail and a $2500 fine, while a felony charge can come with much more severe penalties. Felony domestic battery charges include:

  • 60 days of mandatory incarceration (even when probation is granted)
  • Potential for three years minimum incarceration (based on record of priors)
  • Loss of privileges (like gun rights)

Whether you have been charged with a misdemeanor or a felony, you need a domestic battery lawyer on your side that will fight for your rights. Domestic battery attorneys are experts in the domestic violence laws and know what it takes to keep you out of jail.

The Repercussions

Of course, being convicted of this type of crime can come with a wide range of repercussions across every area of your life. It can impact your ability to get a job, to find housing, or your ability to own a gun. Domestic battery lawyers help you to minimize the repercussions of these types of charges.

If you have been charged with domestic battery, hire the domestic battery attorney that is ready to fight for your rights. For more information, please contact us today.