Domestic Violence Charges in Illinois - What You Should Know

 Posted on March 16, 2017 in Domestic Battery Charges

When violence, threats, and/or physical altercations occur during an argument between family members or intimate partners, there is a risk of domestic violence charges for at least one of the involved parties. Those that have never been in such a situation might not understand what this truly means for their current situation, or their future. The following information can help you better understand the potential consequences of a domestic violence charge, and how you can fight back against them.

What Constitutes Domestic Violence in Illinois?

Domestic violence is any intentional act that causes bodily harm to a family or household member, or physical contact that is insulting or provoking in nature (i.e. pinching, pulling on clothing, threatening with a firearm, etc.). What this means is that you can be charged with domestic violence, even if you did not cause any physical harm. The victim only needed to believe they were at risk for bodily injury. It should also be noted that “family members” include a wide range of persons, including:

• Biological children,
• Stepchildren,
• Spouses and/or former spouses,
• Parents,
• Stepparents,
• Current or former roommate and/or intimate partner,
• A disabled or elderly individual for whom you provide care,
• Grandchildren,
• Aunts and/or uncles,
• Cousins, and
• Individuals with whom you have a child.

Domestic Battery versus Aggravated Domestic Battery

The law separates domestic violence charges into one of two categories: domestic battery and aggravated domestic battery. Physical harm or unwanted, provoking, or insulting physical contact are classified as domestic battery. Aggravated battery typically involves violent acts that result in great bodily harm, disability, or disfigurement.

Domestic battery is typically charged as a Class A misdemeanor, which can include consequences of up to a year in jail, probation, fines, and/or counseling. Yet the charge can be classified as a Class 4 felony if there is a previous conviction, or if the defendant has allegedly committed battery with a firearm, battery that involved a minor child, or battery that included sexual assault. In these situations, the consequence can be elevated to up to three years of imprisonment.

Aggravated domestic battery is considered a Class 2 felony and is punishable by up to seven years of imprisonment. In some situations, the defendant may be able to request probation. However, those that have a history of domestic violence do not have this option. Further, there are certain situations in which the consequences could be increased to 14 years of imprisonment.

Fighting Back Against the Charges

If you or someone you love is facing charges for domestic violence, contact the Law Offices of Tedone and Morton, P.C. for assistance. Our Joliet criminal defense attorneys will fight to help you avoid conviction and the resulting consequences. No matter what the situation, we will aggressively pursue the most favorable outcome possible. Schedule your consultation by calling 815-666-1285 today.

Source:

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