Charged with Aggravated Domestic Battery in Chicago? Defense Attorney Andrew M. Weisberg Can Help

Aggravated domestic battery is one of the most serious forms of domestic violence under Illinois law, and Cook County prosecutors are now pursuing these cases with unprecedented intensity. Under the new policies introduced by the Cook County State’s Attorney in December 2024, prosecutors are seeking longer prison sentences, limiting plea bargains, and pushing for mandatory incarceration — even in cases where probation was once possible.

If you are charged with aggravated domestic battery, you are facing a mandatory prison sentence, steep fines, and a permanent criminal record that cannot be sealed or expunged.

With Cook County’s tougher stance, it’s critical to have a defense attorney who understands exactly how prosecutors build these cases — and how to dismantle them. Andrew M. Weisberg, a former Cook County prosecutor turned criminal defense attorney, uses his inside knowledge of the system to aggressively defend clients facing serious domestic battery allegations.

Call (773) 908-9811 today for a free, confidential consultation with Andrew M. Weisberg.

What Is Aggravated Domestic Battery in Illinois?

Under 720 ILCS 5/12-3.3, aggravated domestic battery occurs when a person commits a domestic battery that results in:

✔ Great bodily harm, permanent disability, or disfigurement to the alleged victim; or
✔ Strangulation, meaning any act that restricts the victim’s breathing or blood circulation by applying pressure to the neck or throat.

Even if no visible injuries are present, placing your hands near someone’s neck or restricting their breathing can result in felony charges for aggravated domestic battery.

Factors That Elevate Domestic Battery to Aggravated Domestic Battery

Several circumstances can turn a simple domestic battery charge into a felony:

• Serious Injuries – Significant bodily harm, such as broken bones, deep bruising, or burns.

• Strangulation – Any act of choking or restricting airflow automatically qualifies as aggravated domestic battery.

• Use of a Weapon – Employing or displaying a weapon such as a knife, gun, or blunt object during the incident.

Penalties for Aggravated Domestic Battery in Chicago

Prosecutors are now far less willing to negotiate plea deals or offer probation under Cook County’s stricter policies. If convicted, penalties can include:

Class 2 Felony (Standard Offense)

• 3 to 7 years in prison

• Up to $25,000 in fines

• Not eligible for probation — mandatory incarceration applies

Class 1 Felony (Repeat or Aggravated Circumstances)

• 4 to 15 years in prison

• Stricter sentencing and reduced opportunities for leniency

Additional Consequences

• Permanent criminal record — cannot be sealed or expunged

• Loss of firearm rights — permanently barred from owning or possessing guns

• Restraining or No-Contact Orders — may prevent contact with the alleged victim

• Immigration consequences — possible deportation or denial of citizenship for non-citizens

How Cook County’s New Policies Affect Domestic Battery Cases

In the past, Cook County prosecutors occasionally allowed probation, deferred prosecution, or reduced charges for first-time domestic battery offenders. Those days are largely over.

Key Changes Under the New State’s Attorney (Effective December 2024):
✔ More misdemeanor cases are now being filed as felonies
✔ Probation and supervision are offered less frequently
✔ Alternative sentencing programs are rarely approved
✔ Prosecutors are instructed to seek prison time whenever possible

In this environment, it’s crucial to have an attorney who can identify weaknesses in the State’s case and negotiate strategically — or, when necessary, fight aggressively at trial.

Defending Against Aggravated Domestic Battery Charges

Every case is different, and a skilled attorney can often expose major flaws in the prosecution’s evidence. Andrew M. Weisberg develops defense strategies tailored to the specific facts of each case, including:

✔ Self-Defense or Defense of Others – You acted to protect yourself or another person from harm.
✔ False Allegations – Emotions run high in domestic situations, and accusations can be exaggerated or fabricated.
✔ Lack of Evidence – The State must prove guilt beyond a reasonable doubt; weak or contradictory evidence can lead to dismissal.
✔ Violation of Rights – If police obtained evidence through an illegal search, coerced confession, or failed to follow proper procedure, that evidence can be suppressed.

Andrew meticulously reviews police reports, 911 calls, medical records, and witness statements to find inconsistencies and build the strongest possible defense.

Why Choose Andrew M. Weisberg as Your Chicago Domestic Battery Defense Lawyer

Andrew M. Weisberg’s reputation as a former felony prosecutor gives his clients a unique advantage. He knows exactly how the prosecution thinks — and how to stay a step ahead.

✅ Insider Knowledge of Prosecution Strategy – Understands how cases are built and how to dismantle them.
✅ Aggressive Trial Experience – Ready to cross-examine witnesses and challenge the State’s evidence head-on.
✅ Proven Results – Successfully secured dismissals, acquittals, and charge reductions in domestic battery cases across Cook County.
✅ Personalized Representation – You work directly with Mr. Weisberg throughout your case — no assistants, no handoffs.

Don’t Risk Your Freedom — Call Andrew M. Weisberg Today

A conviction for aggravated domestic battery in Chicago can change the course of your life — leading to years in prison, a permanent record, and lasting personal consequences. With prosecutors taking a tougher stance than ever before, you need an experienced, aggressive defense attorney to protect you.

Call (773) 908-9811 now for a free, confidential consultation, or fill out the Case Review Form on this website.

Your defense begins the moment you make that call — don’t wait to protect your rights, your freedom, and your future.