When you’re charged with first-time domestic battery in Illinois, it’s really just a domestic battery charge – there’s no specific charge for “first-time domestic battery.” However, the fact that this is your first charge could affect the outcome of your case.
Here’s what you need to know.
First-Time Domestic Battery in Illinois: Will You Still Go to Jail?
Often, a first-time domestic battery charge is a misdemeanor. That doesn’t mean it’s not extremely serious, though – even a first offense can have a permanent effect on your future. For most people charged with domestic battery, first offense or not, it makes sense to work with an attorney who understands the entire legal process you’re up against.
The Two Types of First-Time Domestic Battery Charges
There are two types of domestic battery charges you can get in Illinois: standard domestic battery and aggravated domestic battery. This depends on what happened leading up to your arrest.
Either way, you can only pick up a domestic battery charge if the alleged victim has a certain relationship with you. Otherwise, it’s not domestic battery. The relationships that count for domestic battery include:
- Spouses and ex-spouses
- Blood-related family members
- Current roommates
- Elderly adults and caregivers
- Former roommates
- People related by blood through a child
- Parents and children
- Stepparents and children
It’s important that you know that while most first-time domestic battery charges in Illinois are charged as Class A misdemeanors, they can be charged as Class 4 felonies in some circumstances (such as when you’ve violated an order of protection or when it’s considered “aggravated domestic battery”).
Penalties for Class A Misdemeanors and Class 4 Felonies
If you’re charged with and convicted of a Class A misdemeanor, you could go to jail for up to a year. The judge in your case could also fine you up to $2,500.
If you’re charged with and convicted of a Class 4 felony, you could go to prison for up to 3 years. The judge in your case could also fine you up to $25,000.
Do You Need to Talk to a Lawyer About a First-Time Domestic Battery in Illinois?
If you’ve been accused of domestic battery, even if it’s not the first time, we may be able to help you. Call us right now at 847-920-4540 or fill out the form below to talk to an experienced, knowledgeable and caring attorney who can help you get the best possible outcome in your case.
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