Domestic battery, also called domestic violence, is one categorization of battery charges in addition simple battery, aggravated battery, aggravated assault on a police officer,, and breaking restraining orders
The complete legal ramifications of domestic battery can be found under 720 ILCS 5/12-3.2. Under Illinois law, the offense is listed as physical abuse of a household or family member. This definition can include anyone related by blood, previous or present marriage, or anyone who resides in the same dwelling.
First offense domestic battery charges are a Class A misdemeanor and can result in up to 1 year in prison and up to $2,500. Second offenses, however, are tried as felonies. A Class 4 felony, the lowest rung of felony charges, carries up to 3 years in prison and up to $25,000 in fines.
Importantly, in all cases of domestic violence charges, it is not possible to be sentenced with court supervision or probation. That means that all sentences will result in prison time and will remain on your permanent record.
When domestic battery is committed in the presence of a child, a conviction will require the defendant to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both. The defendant also must pay the cost of any counseling required for the child.
Domestic battery cases can be difficult because they often occur behind closed doors and without witnesses. An aggressive criminal defense lawyer can help ensure that your rights are upheld to the fullest extent of the law. Apart from a lack of sufficient evidence, an attorney can argue that a defendant was acting in self-defense. It is especially important to equip yourself with a proper legal defense because all convictions result on your permanent record and cannot be expunged.
Kerr & Schmiege are nationally recognized criminal defense lawyers for DuPage County, including the cities of Wheaton, Naperville, Aurora, Westmont, Oak Brook, and Lombard. Give your future the best chance with our highly skilled defense strategies and understanding of prosecutor tactics. Contact us immediately to ensure your rights are upheld to the fullest extent of the law.
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