Can Domestic Battery Charges Be Dropped in Illinois?

Can domestic battery charges be dropped in Illinois?

The short answer, if you’re asking whether the alleged victim can “drop” the charges against you, is no. The alleged victim cannot choose to drop charges after the prosecutor has picked them up.

Here’s a closer look at what that means – and who can drop domestic battery charges in Illinois.

Can Domestic Battery Charges Be Dropped in Illinois?

After the police take a report and file it, the case is completely out of the alleged victim’s hands. He or she can’t call the police station and say that it was all a lie and that they’d like to drop the charges. That’s because once the charges are filed, police don’t have that kind of authority.

The case makes its way to the state’s attorney’s office, and the state’s attorney is the only person authorized to drop the charges.

What is the Sentence for Domestic Battery?

Generally, a first offense domestic battery is a Class A misdemeanor. If you’re convicted, you could spend up to a year in the county jail and pay fines of up to $2,500. Aggravated domestic battery is another matter – that’s a felony, and it could be either a Class 2 or Class 4, depending on the circumstances of the case.

Related: Is domestic violence a felony or misdemeanor in Illinois?

Why Would Someone Want to Drop Domestic Violence Charges?

Sometimes a person makes up a story about domestic battery just to get another person in trouble. These false domestic battery allegations can have horrible repercussions for the person who’s been accused – including a prison sentence.

Often, when people make up a domestic battery story to tell the police, they do so in the heat of the moment. They may later realize that they were wrong and want to withdraw the charges. Unfortunately, that’s not possible.

In other cases, when there really was a domestic battery incident, the victim sees how serious the penalties can be and wants to take it all back.

However, once a domestic battery accusation is out there, there’s no taking it back. The only person with the authority to drop the case is the state’s attorney.

Have You Been Accused of Domestic Battery?

If you’ve been accused of domestic battery, whether the allegations are true or false, we may be able to help you.

Call us at 847-920-4540 right now or fill out the form below. We’ll be happy to give you a free consultation and the legal advice you need to start moving forward.