Domestic Battery Illinois
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Domestic Battery Illinois
In Illinois, you can be charged with battery should you either cause physical harm to another person or initiate “insulting, provocative, or unwanted bodily contact with another person”. In other words, it’s a crime in Illinois is to hurt someone, or to touch them in an offensive way. It follows that a light touch without a consequent injury could be contemplated battery.
Domestic battery, as described under 750 ILCS 60, is “physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation”. of a different member of their family or household. Since under Illinois law, it is categorized as a violent criminal offense, successfully defending yourself against a charge of domestic battery Illinois may be difficult. Even if you are wrongfully accused, your chances greatly improve if you have an experienced attorney on your side.
Fighting Aggravated Domestic Battery Illinois Charges
With its broad definition, you could be charged with aggravated domestic battery Illinois even if you believe you did nothing wrong. In fact, even the lightest touch that results in no injury could still be considered battery.
A range of scenarios may result in a person being charged with domestic battery. Some of these may occur even if there is no physical contact and the alleged victims suffered no physical harm. Examples include, but are not limited to, the following:
- Intimidation or threats of harm
- Marital rape
- Open-handed slap
- Punching, kicking or shoving
- Sexual abuse
If you have been charged with domestic battery Illinois, having a skilled lawyer in your corner could mean the difference between being acquitted and being convicted. The partners at the Law Offices of Andrew Nickel, LLC previously worked as prosecutors. That history provided them with the skills they require as defense attorneys. This, along with a thorough understanding of the legal system, enables them to successfully defend their clients from a variety of criminal charges.
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ILCS Domestic Battery Charges and Defense
720 Ilcs 5/12-3.2(a)(1) and (a)(2) Charges Defined
According to Illinois legislation, there are two types of domestic battery crimes: 720 ILCS 5/12-3.2(a)(1) and (a)(2). 720 ILCS 5/12-3.2(a)(1) states that you could be charged with domestic battery Illinois for causing physical injury to any member of your family or household. 720 ILCS 5/12-3.2(a)(2) states that you could also be charged with battery for behaving in a provoking or insulting manner with any member of your family or household.
Contact an Attorney for the Best ILCS Battery Defense
If you have been charged with a violation of ILCS battery in Illinois, it is imperative that you contact an expert lawyer. An attorney with experience arguing felony charges could mean the difference between being exonerated and spending time in prison.
What Is Domestic Battery Bodily Harm Illinois?
Illinois law outlines the criminal offenses that are domestic battery bodily harm Illinois and aggravated domestic battery. According to 720 ILCS 5/12-3, battery involves “physical harm caused to any other individual or an unwanted, insulting, or provoking physical contact.” To prove domestic battery, the prosecutor must demonstrate that the incident happened within one of the relationships specified in the Illinois Domestic Violence Act.
Additionally, the state can raise the criminal charge to that of aggravated domestic battery if the defendant intentionally caused vast bodily injury or the act resulted in permanent disfigurement or disability.
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Illinois Domestic Violence Act
- Relatives of children
- Spouses and former spouses
Depending on the exact circumstances, additional relatives and roommates may be included, as well.
Domestic Violence Laws in Illinois Pertain to Many Situations
The domestic violence laws in Illinois are quite broad regarding the individuals covered by the statutes and the types of behaviors that constitute crimes.
In regards to the domestic battery of a spouse, disputes are often overblown or misinterpreted when they are reported. Since domestic violence allegations are frequently scrutinized by advocacy groups, seemingly minor incidents resulting in no physical harm may still be charged as domestic violence.
Due to contemporary domestic violence laws in Illinois, many types of disputes among intimate partners or co-parents lead to pending charges. The causes of these often include activities like slapping, shoving, or blocking access to exits, among others.
Living with an aging parent or loved one can be a challenge. This is particularly true if they are suffering from Alzheimer’s disease or dementia where a confrontational or violent attitude is unfortunately common. Domestic battery Illinois allegations may arise when a caregiver is attempting to prevent their loved one from injuring him/herself, another family member or friend, or even the accused.
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Domestic Battery in Illinois
If you are arrested for domestic battery in Illinois you may be charged with a Class A Misdemeanor or possibly a Class 4 Felony. It is a felony if you have a criminal history that includes prior convictions for domestic violence.
Domestic Battery Illinois Sentence
When considering a domestic battery Illinois sentence, it is important to recognize potentially violent crimes, such as these are viewed differently than other crimes. For example, with many misdemeanors, if it’s their first offense, the accused generally qualifies for court oversight. It isn’t considered a conviction and it may even be expunged from the defendant’s permanent record. This is not an option for domestic battery cases.
A conviction for domestic battery requires a sentence and it is not eligible to be expunged from the suspect’s record. Therefore, domestic battery is generally regarded as more severe than other misdemeanors. Employing the right criminal defense lawyer may prevent a conviction even if you’re merely facing misdemeanor charges in Illinois.
Domestic Battery Charges Illinois
If convicted of domestic battery charges Illinois, you will certainly receive at least the minimum sentence. This will never be expunged and will forever remain on your criminal record. You may also be required to attend counseling and anger management courses.
If you’re arrested for domestic violence, depending on the circumstances, you may be charged with either a misdemeanor or a felony. The maximum penalty for a Class A misdemeanor is a fine of $2,500 and up to a year in jail. If you have prior convictions, however, you may be charged with a Class 4 Felony. The sentence for this conviction is a maximum fine of up to $25,000 and one to three years in state prison.
After completion of the jail or prison term, you may be placed on probation. A Kane County counselor can provide additional information about your situation, as well as expert representation if you are charged with domestic battery Illinois.
Aggravated Domestic Battery Charges in Illinois
If you face aggravated domestic battery charges in Illinois, a skilled attorney may petition in your behalf for probation. Even if the court grants this petition, you will still be required to serve at least 60 days in prison.
Any defendant with prior aggravated domestic battery Illinois convictions, however, will be required to serve between three and seven years. This term can be increased to around 14 years if the prosecutor meets specific standards that have been established by state legislation.
The court may reach a Class 4 felony conviction if the criminal history of the accused includes at least one previous domestic battery conviction. The incident or behavior may also result in a Class 4 felony if it consists of one of the conditions listed in the Illinois Domestic Violence Act. These include:
If you’re facing charges of aggravated battery in or around Kendall County, Illinois, an attorney can investigate and discover if you were wrongfully charged. In the event that the charges are not dropped, an experienced lawyer may be able to negotiate a plea bargain for lesser charges.
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Illinois Order of Protection Facts
- An Emergency Order of Protection (EOP) is a court order that protects the petitioner from a specific individual called the respondent. As an emergency action, the order doesn’t require the respondent to know about the hearing and the order takes effect as soon as the judge approves it. An Emergency Order lasts only 14 to 21 days.
- An Interim Order may be issued if the after the respondent has been served, or when they are in the process of being served, but they have not yet had their court hearing. The Interim Order can last up to 30 days.
- The Plenary Order is issued by the judge at the court hearing. Although the petitioner must appear at court, the accused may decline attendance. He or she must be informed of the hearing, as well as the outcome. A Plenary Order may continue up to two decades.
If you find yourself the respondent of an unnecessary protection order, it would behoove you to seek counsel. You may be banished from your home and unable to be in the presence of your other family members including children and parents. This is more than an inconvenience. A skilled lawyer will advise you of your rights.
Illinois Order of Protection Statute
According to Illinois Order of Protection statutes, the withdrawal or dismissal of an order of protection request will be viewed without prejudice. No further actions would be required.
If, however, the respondent to the Order is being prosecuted for domestic battery Illinois, the request for the protection order will not be dismissed while the charges are pending.
If you or someone you know has been accused of domestic battery in Illinois, contact a qualified attorney to learn your rights and receive the best representation possible.
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