Potential Consequences of a Domestic Battery Conviction in Illinois

 Posted on September 21, 2016 in Domestic Battery Charges

Considered a serious crime in the state of Illinois, domestic battery can lead to severe and long-lasting penalties for the accused. In fact, a single accusation can completely turn your life upside down, potentially putting your livelihood, reputation, and even your family at risk. If you are facing a domestic violence charge in Illinois, learn what the potential consequences could be, and how you can best protect yourself from the possible consequences of a conviction.

What Constitutes Domestic Battery in Illinois

Defined as intentionally causing physical harm to a family member, intimate partner, or former family member/intimate partner, domestic battery charges can arise out of either actual physical violence, or verbal threats and provocative body language that causes the victim to believe they are at an immediate risk for harm. Examples of actions that can be considered domestic battery may include (but is not limited to):

• Hitting, kicking, slapping, or shoving;
• Grabbing, yanking, or hair-pulling;
• Biting, scratching, or pinching;
• Choking, strangling, or physically restraining;
• Threatening to hit and then rearing your arm back;
• Throwing something that hits the victim (even if accidentally); and
• Pointing a firearm (or something that looks like a firearm) and threatening to use it.

Potential Consequences of Conviction

Depending on the circumstances of the case, domestic battery can be charged as either a Class A misdemeanor or as an aggravated domestic battery charge, which is a Class 2 felony. The former is punishable by up to one year in jail. Conviction of the latter can result in a sentence of up to seven years in prison. Both may also restrict your contact with the victim, which can cause emotional distress for any children you may have. Further, you walk away with a domestic battery charge on your criminal record. Even at the misdemeanor level, the presence of this charge can be detrimental to your livelihood, reputation, and future employment/housing opportunities.

Vindictiveness a Common Issue in Domestic Battery Cases

Because victims are not burdened with the proof of physical injuries – only with “proving” that they feared they were at immediate risk for harm – vindictiveness is exceedingly common in domestic battery cases. It could be that the victim and accused are going through a divorce and the “victim” wants to ban the accused from visitation with their children. Alternatively, an emotionally abusive partner may press domestic battery charges to “prove a point.” Whatever the situation, it is important that defendants do not attempt to fight the charges alone – even if they are innocent.

Never Fight Domestic Battery Charges Alone

It might seem easy to prove your innocence, but the increasing awareness of domestic violence means that judges are starting to err more on the side of caution. They often taking the word of alleged victims at face value to avoid making a critical and dangerous mistake. So, even if you are innocent – even if you were not in the location of the alleged attack at the time it supposedly occurred – you need help from a quality defense attorney to ensure you are not wrongfully convicted.

At the Law Offices of Tedone and Morton, P.C., we know that domestic battery cases are not always what they seem. Dedicated to your best interests, we will aggressively protect your rights and fight for the most positive outcome possible for your situation. Schedule your consultation with our experienced Joliet criminal defense lawyers today to learn more. Call us at 815-666-1285.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2