Is pushing your wife domestic battery in Illinois? The short answer: Yes. Here’s what you need to know.
Is pushing your wife domestic battery in Illinois?
The short answer: Yes.
Here’s what you need to know.
Is Pushing Your Wife Domestic Battery in Illinois?
Domestic battery is a crime, and pushing your wife can count. The legal definition is this:
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
Sec. 12-3.2. Domestic battery.
(a) A person commits domestic battery if he or she knowingly without legal justification by any means:
(1) causes bodily harm to any family or household member;
(2) makes physical contact of an insulting or provoking nature with any family or household member.
Your wife falls into one of the relationship categories that classifies battery as “domestic.” In fact, pushing a person in any of the relationships listed here could mean you’re facing domestic battery charges:
- Blood-related family members
- Current roommates
- Former roommates
- Elderly adults and caregivers
- Disabled adults and caregivers
- Individuals who are related by blood through a child
- Parents and children
- Stepparents and children
So can you get in trouble for pushing your wife? Absolutely.
What Happens if Your Wife “Presses Charges” for Pushing?
It’s common to hear people say things like “I’m pressing charges,” but the reality is that if the police suspect you of committing a crime, they’re going to arrest you – and once that happens, it’s out of the reporting party’s hands. The charges are in the state of Illinois’ hands; your wife can’t “drop the charges” or decide not to go after you; only the state has that authority.
If the state of Illinois believes that you committed domestic battery by pushing your wife, you could be found guilty of a Class A misdemeanor. A Class A misdemeanor comes with a maximum penalty of up to a year in jail (not prison) and a fine of up to $2,500.
However, if you have a previous domestic battery conviction, or if you meet a circumstance outlined in the Illinois Domestic Violence Act, you could be looking at a Class 4 felony. If you’re found guilty of a Class 4 felony, the judge in your case can send you to prison for up to 3 years and order you to pay fines of up to $25,000.
Related video: What is the penalty for domestic battery?
Do You Need to Talk to a Lawyer After Being Charged With Domestic Battery for Pushing Your Wife?
If you’ve been accused of domestic battery, even if the allegations are not true, you may need to speak with an attorney. Call us right away at 847-920-4540. If it’s easier, fill out the form below and we’ll schedule your free case review. You don’t want to gamble with your future, and we may be able to help you.