In the state of Illinois, domestic violence is a crime – and it’s one that carries serious penalties. If you’re accused of domestic violence (the legal term is domestic battery), you may want to talk to a Chicago domestic battery defense lawyer immediately. Here’s why.
Illinois Domestic Violence Laws
Domestic violence – known as domestic battery or aggravated domestic battery under Illinois law – is a crime that can only be committed within a family or dating relationship. The relationships that the Illinois Domestic Violence Act covers include:
- Spouses and former spouses
- People who are dating or who used to date
- Parents and children, or step-parents and children
- Parents who share a child
- Family members related by blood
- Family members related by blood through a child (including people who allegedly have a child in common)
- Current or former roommates
- Disabled or elderly adults and caregivers or assistants
Domestic Battery Under Illinois Domestic Violence Laws
Domestic battery under Illinois domestic violence laws is a Class A misdemeanor. If you’re convicted, you could spend up to a year in jail, spend time on probation and be fined. Your judge could also order you to attend counseling.
If you use a firearm, or if the battery involves a child or sexual assault, domestic battery becomes a Class 4 felony. When you’re found guilty of a Class 4 felony, you can spend between 1 and 3 years in prison – but the prosecutor could ask for additional punishment based on your history.
Aggravated Domestic Battery Under Illinois Domestic Violence Laws
Aggravated domestic battery under Illinois domestic violence laws is a Class 2 felony. If the court convicts you of aggravated domestic battery, you could spend between 3 and 7 years in prison, serve time on probation, and be fined. Your judge could also order you to attend counseling.
If you have a previous aggravated domestic battery conviction, the courts must sentence you to prison and, in some cases, the prosecutor can request that the court extends your sentence to up to 14 years.
Do You Need to Talk to a Lawyer About Domestic Battery Charges in Chicago?
If you’ve been accused of domestic battery in Chicago or the surrounding communities, we may be able to help you.
Call us at 847-920-4540 for a free domestic battery case review. We’ll talk about your situation and answer your questions, and we can begin developing a defense strategy once we have all the facts.
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