Can you get a domestic battery charge for fighting your son?
Unfortunately, it happens – sometimes parents and their kids get into physical altercations.
But could it lead to a criminal charge for you? Here’s what you need to know.
Can You Get a Domestic Battery Charge for Fighting Your Son?
The state can charge you with domestic battery for fighting your son, even if neither of you is hurt. That’s because Illinois law says you have committed domestic battery when the alleged victim is a family or household member (and your son counts as a family member) and you knowingly and illegally:
- Cause bodily harm
- Make physical contact of an insulting or provoking nature
So even if neither of you is injured as a result of the fight, you can be charged with domestic battery. If your son is old enough, he, too, can be charged.
What Happens if You’re Charged With Domestic Battery for Fighting Your Son?
If you’re charged with domestic battery, you might be looking at a misdemeanor or a felony. It’s a Class A misdemeanor in most cases, which means you could go to jail for up to a year and pay fines of up to $2,500 if you’re convicted. However, it becomes a Class 4 felony if you have a previous domestic battery conviction or you meet a circumstance outlined in the IDVA, which turns it into aggravated domestic battery. In that case, if you’re convicted, you can spend up to 3 years in prison and be court-ordered to pay up to $25,000 in fines.
A domestic battery conviction stays on your criminal record forever. You cannot have it sealed or expunged later – once it’s there, it’s there for good.
What if You Were Charged With Domestic Battery for Fighting Your Son?
If you’ve been charged with domestic battery for fighting your son, we may be able to help you. Call us right away at 847-920-4540 or fill out the form below to get your completely free consultation. We’ll evaluate your case and start building a strategy that gets you the best possible outcome.