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.
"Michael Schmiege is an excellent attorney. He is honest, diligent and gets great results. If you find yourself in need of a lawyer, he is great at what he does. Never over-promises, but definitely delivered more than we had hoped for. His team will help you all the way. Answers all your questions promptly and clearly states what to expect. I highly recommend Michael and his team. They CAN and will help!"
"I am so appreciative of the help and support that I received from Michael and his team members! They truly helped me figure out my case and I got outstanding results. If anyone can help you get great results, it’s Michael. I had an immigration issue as well and he worked with my immigration lawyer to help find the best solution. He understood that I made a mistake but it didn’t define who I was. I definitely don’t want to go through any of this again but I’m glad that I had the support to get through this."
"Mr. Schmiege is well respected by the court because he is a very honest man. He was very kind and respectful to me. His fees were reasonable. His office is very easy to find, and his staff is very helpful."