In Illinois the charge of aggravated domestic battery is extremely serious and if you have been charged with this offense then it is important that you contact an attorney as soon as possible. Society, judges, law enforcement and prosecutors particularly dislike cases when men are charged with battering women or when parents are accused of battering their children. These are the types of cases that make newspaper headlines and failure to aggressively prosecute these offenses can destroy careers if the offense were to occur again in the future and if a break had been given to the Defendant. An experienced Chicago Criminal Defense Lawyer is needed to fight these serious charges.
Aggravated domestic battery is a Class 2 felony in Illinois. If convicted for aggravated domestic battery in Illinois a Defendant is facing a minimum of sixty days in county jail and a possible sentence of three to seven years in the Illinois Department of Corrections. Clearly these are serious charges with serious consequences and an experienced Chicago Criminal Defense Attorney is needed to fight the case. Under Illinois law, aggravated domestic battery happens when an individual, while committing a domestic battery, causes permanent disability, disfigurement or great bodily harm. The underlying domestic battery occurs when an individual without legal justification by any means causes bodily harm to any family or household member or makes physical contact that is insulting or provoking.
What is great bodily harm in an Illinois Aggravated Domestic Battery Charge?
As you can see the increase in charges from a simple domestic battery to aggravated domestic battery involves the level of injury that the victim received. While under a simple domestic battery the contact can be as minor as “of an insulting nature” and under the aggravated domestic battery charge there must be “great bodily harm, permanent disability or disfigurement.” Under Illinois law there is no statutorily definition of what great bodily harm is and that decision is for the fact finder to decide during trial. Illinois appellate courts have stated that great bodily harm is more serious than bruises, lacerations or abrasions that characterize bodily harm. One of the important things to realize is that if convicted of aggravated domestic battery in Illinois a defendant is not entitled to good-time credit for the sixty days in county jail that is mandatory.
Chicago Criminal Attorney Fighting for your Rights
Chicago criminal defense lawyer Michael P. Schmiege has experience handling aggravated battery charges in Illinois. Mr. Schmiege will work with you to develop a defense to these charges and will take the case to trial and doing everything to obtain a not guilty verdict. Mr. Schmiege will also explore the possibility of negotiating with the State’s Attorney’s Office to obtain a reducer from a felony to misdemeanor charge.
Contact Chicago criminal lawyer Michael P. Schmiege today if you are facing charges in Illinois for aggravated domestic battery or any domestic violence charge. Mr. Schmiege offers free consultations and will meet with you at your convenience.