One argument. One moment of lost temper. Suddenly, you’re facing charges that can change your life forever. But did you know that the label on those charges—battery or domestic battery—can mean the difference between a misdemeanor and a felony?

In Illinois, the line between battery and domestic battery isn’t always clear, but crossing it can have serious consequences. If you’re unsure about the charges you’re facing, don’t wait. Contact our Chicago, IL criminal defense attorneys at the Law Offices of Andrew Weisberg to protect your rights and secure the best possible outcome.

Understanding Battery Charges in Illinois

In Illinois, battery is defined as intentionally causing bodily harm to another person or making physical contact of an insulting or provoking nature without legal justification. This means that any deliberate act resulting in physical injury or offensive contact can be classified as battery. Examples include:

• Physical Altercations: Engaging in a fight at a bar where punches are thrown, leading to injuries.
• Unwanted Contact: Touching someone inappropriately or aggressively without their consent, even if no visible injury occurs.

What is Domestic Battery in Illinois?

Domestic battery involves the same elements as battery but occurs within specific relationships. Under Illinois law, domestic battery is committed when an individual knowingly causes bodily harm or makes insulting or provoking physical contact with a family or household member.

Who Qualifies as a Family or Household Member?

• Spouses and Ex-Spouses: Individuals currently or formerly married.
• Parents, Children, and Stepchildren: Including biological, adopted, and step-relations.
• Roommates: Current or former roommates, regardless of any romantic involvement.
• Individuals in a Dating Relationship: Partners who are or have been romantically involved.

Examples of Domestic Battery:

• Spousal Altercation: A heated argument between spouses escalates, resulting in one partner hitting the other.
• Parental Discipline Crossing the Line: A parent inflicts excessive physical punishment on a child, leading to injury.

Key Differences Between Battery and Domestic Battery

Relationship Requirement:

• Battery: No specific relationship is required between the offender and the victim. It can occur between strangers, acquaintances, or anyone involved in a physical altercation.
• Domestic Battery: The offense must involve a family or household member as defined by law. It could be a family or household member, such as a spouse, ex-spouse, parent, child, roommate, or someone in a dating relationship.

Severity and Penalties:

• Battery: Typically charged as a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500. Aggravated battery charges can result in felony convictions with more severe penalties.
• Domestic Battery: While often a Class A misdemeanor, prior convictions or certain aggravating factors can elevate it to a Class 4 felony, carrying 1-3 years in prison and fines up to $25,000.

Protective Orders

• Battery: Victims may seek restraining orders, but these are not specific to domestic situations.
• Domestic Battery: Victims can obtain orders of protection, offering specific safeguards such as no-contact provisions and exclusive possession of a shared residence.

Impact on Rights

• Battery: A conviction may lead to a criminal record but doesn’t typically affect civil rights.
• Domestic Battery: Convictions can result in the loss of firearm ownership rights and may influence child custody arrangements.

Defenses Against Battery and Domestic Battery Charges

Self-Defense

One of the most common defenses is arguing that you acted in self-defense. If you can demonstrate that you reasonably believed you were in imminent danger and used proportional force to protect yourself, this could lead to a dismissal or reduction of charges.

Defense of Others

In situations where you intervened to protect another person from harm, this defense could apply. Proving that your actions were necessary to defend someone else can justify the physical contact involved.

Lack of Intent or Accidental Contact

Battery and domestic battery charges require intentional harmful or offensive contact. If the contact was accidental or not intended to cause harm, this defense could effectively counter the charges.

False Accusations or Mistaken Identity

In some cases, individuals may face false allegations due to personal disputes or mistaken identity. Presenting evidence, witness statements, or alibis can be vital in disproving these claims.

Get Legal Protection from a Chicago, IL Criminal Defense Attorney

A battery or domestic battery charge can feel like the end of the road, but it doesn’t have to be. At the Law Offices of Andrew Weisberg, our criminal defense lawyers believe that everyone deserves a fair chance to tell their side of the story. You are more than just the charges against you, and your future is worth fighting for.

With years of courtroom experience and a deep understanding of Illinois law, Andrew Weisberg knows how to build a strong defense. From investigating the evidence to challenging the prosecution’s case, he fights tirelessly to protect your rights. He understands the stakes and will work to secure the best possible outcome for you.

Don’t let one charge define your life. Call an experienced Chicago, IL criminal defense lawyer today at (773) 908-9811 or contact us online for a confidential consultation.

Domestic battery accusations can feel like your world is crashing down. Whether the allegations are true, exaggerated, or entirely false, the impact on your life can be devastating. Suddenly, your reputation, relationships, and even your freedom are on the line. Illinois laws are strict when it comes to domestic battery, and the penalties are severe. Even minor incidents or misunderstandings can escalate into major legal battles. In these moments, having a knowledgeable defense attorney in your corner can make all the difference.

At the Law Offices of Andrew Weisberg, our Chicago, IL criminal defense attorneys are committed to helping you understand your rights and take the right steps forward. Contact us today to start building your defense.

What Is Domestic Battery?

Domestic battery involves physical harm or insulting contact between individuals in close relationships, such as family members, partners, or household members. Unlike a simple battery, which applies to any individual, domestic battery focuses on these specific relationships. Examples include slapping, hitting, or any physical contact causing pain or discomfort. Even minor incidents can result in severe legal consequences, often stemming from disputes, misunderstandings, or false accusations.

Who Qualifies as a Victim in Domestic Battery Cases?

The law defines a domestic battery victim as a “family or household member,” including:

• Spouses or ex-spouses
• Roommates, past or present
• Co-parents
• Blood relatives, like siblings or parents
• Individuals in a romantic or dating relationship

This broad definition can complicate cases, especially when disputes arise over the relationship’s nature. For example, accusations between former partners or roommates may involve questions of credibility or ulterior motives.

What Are the Penalties for Domestic Battery in Illinois?

The penalties for domestic battery can range from significant fines to long-term personal repercussions:

Misdemeanor Domestic Battery

• Up to one year in jail
• Fines up to $2,500
• Potential requirement for counseling or anger management

Felony Domestic Battery

Charges can escalate to a felony in cases involving prior convictions, use of a deadly weapon, or incidents involving children. Felony penalties include longer prison sentences and higher fines.

Long-Term Effects

A conviction can result in a permanent criminal record, difficulty finding employment or housing, and restricted parental rights in custody disputes. These consequences highlight the importance of seeking legal defense.

Can Domestic Battery Charges Be Dropped?

In Illinois, the decision to drop domestic battery charges lies with prosecutors, not the victim. Even if the victim recants or refuses to cooperate, prosecutors may proceed based on evidence such as police reports, witness statements, or injury photos.

This can be frustrating for both parties, but a defense attorney can work to challenge the evidence and advocate for dismissal or reduced charges.

What Are Common Defenses Against Domestic Battery Charges?

Being accused of domestic battery doesn’t equate to guilt. Here are common defenses that attorneys use to protect clients:

• Self-Defense: If you acted to protect yourself or another person from harm, your actions might be justified. For example, if someone attacked you first and you responded to prevent injury, your attorney can argue self-defense.
• False Accusations: Unfortunately, domestic battery accusations are sometimes used as leverage in personal disputes, such as divorce or custody battles. Your attorney will investigate the circumstances surrounding the accusation to uncover inconsistencies or motives for false claims.
• Lack of Evidence: Domestic battery cases often rely on witness testimony or physical evidence. If the evidence is insufficient, contradictory, or improperly obtained, your attorney can argue for the case to be dismissed.
• Violation of Rights: If law enforcement violated your constitutional rights during the arrest or investigation—for example, by conducting an unlawful search or failing to read your rights—this could impact the validity of the charges.

What to Do If Charged with Domestic Battery

If you’re facing domestic battery charges, taking immediate steps can significantly impact your case:

• Stay Silent: Anything you say to law enforcement can and will be used against you in court. Politely decline to answer questions until you’ve spoken with an attorney.
• Follow Protective Orders: If a protective order is issued, comply with all terms, even if you feel it’s unnecessary or unfair. Violating the order can lead to additional charges and complications.
• Contact an Attorney: Legal representation is essential to review evidence, build a defense, and protect your rights.

Contact a Chicago, IL Criminal Defense Attorney

When facing domestic battery charges, you need more than just legal representation—you need someone who will fight tirelessly for your rights. At the Law Offices of Andrew Weisberg, we know how high the stakes are in these cases, and we’re here to provide the support you need during this difficult time.

Attorney Andrew Weisberg has a proven track record in defending domestic battery cases throughout Illinois. He understands the potential consequences you’re up against and uses his knowledge to challenge evidence, question witness credibility, and build a defense that prioritizes your future.

Every case is different, and you deserve a defense attorney who will treat your case with the attention and care it deserves. Contact Andrew Weisberg today at (773) 908-9811 or reach out online to protect your rights and reputation.

Domestic violence is a type of crime that involves gaining power and control over another person. It can occur in intimate relationships, such as marriages and dating relationships, as well as between family members, such as parents and children.

Domestic violence can take various forms. It may include the following acts:

• Physical abuse. This includes hitting, slapping, punching, kicking, strangling, or any other form of physical harm.
• Sexual abuse. This involves forcing or attempting to force sexual activity without consent. This can include rape, unwanted sexual touching, or coercion.
• Stalking. This includes repeatedly following, harassing, or threatening someone, causing them to fear for their safety.
• Verbal abuse. This means using language to harm a person, including yelling, swearing, or making derogatory comments.
• Emotional or psychological abuse. This involves using words, threats, or actions to intimidate, manipulate, or belittle the victim. This includes constant criticism and humiliation.
• Financial abuse. This refers to controlling or restricting access to money, including preventing the victim from working.

Illinois takes domestic violence seriously. The Illinois Domestic Violence Act of 1986 makes it so law enforcement officials must act to protect victims of abuse. If Illinois police have reason to believe that a domestic violence crime has been committed, they are required to do the following:

• Arrest the alleged abuser.
• Help the victim remove personal belongings from their home and transport them to a safe place.
• Inform the victim of any available assistance and their legal rights.
• Complete a police report.

Defenses to Domestic Violence

Defenses to domestic violence charges can vary depending on the specific circumstances of the case as well as the evidence presented. Common defenses include the following:

• Self-defense. The accused may argue that they acted in self-defense, meaning they used reasonable force to protect themselves from the alleged victim’s actions.
• False allegations: The accused may claim that the charges are based on false allegations, often motivated by personal gain or revenge. This is especially common in child custody and divorce disputes.
• Lack of intent. Domestic violence typically requires the intent to cause harm. If the accused can show that the harm was accidental, this could serve as a defense.
• Alibi. The accused may present evidence that shows they were not present at the time of the alleged incident, proving that they could not have committed the act.
• Insufficient evidence. The defense may argue that the prosecution does not have enough evidence to prove beyond a reasonable doubt that domestic violence occurred.

Contact Us Today

Domestic violence encompasses a wide range of physical, mental, and financial abuse. It is a crime that needs to be taken seriously. If you are facing accusations, you must seek legal help immediately.

Do not leave your future up to chance. Contact Chicago criminal defense attorney Andrew M. Weisberg now to help you prepare a solid defense. We are available 24/7 to assist you. Schedule a consultation today by calling (773) 908-9811 or filling out the online form.

Facing an accusation of domestic battery is a serious matter that requires careful navigation through the legal system. If you find yourself accused of domestic battery in Chicago, it’s essential to be aware of your legal rights, potential defenses, and the importance of seeking professional legal counsel. This practical guide aims to provide valuable information to individuals in this challenging situation.

Understanding Domestic Battery Laws in Illinois

Domestic battery laws in Illinois are designed to protect individuals within a household from physical harm or the threat of harm. Under Illinois law, domestic battery occurs when an individual causes bodily harm to a family or household member or makes physical contact of an insulting or provoking nature.

Legal Rights of the Accused

When accused of domestic battery, it is crucial to be aware of your legal rights. You have the right to remain silent and avoid self-incrimination. Anything you say or do can be used against you in court, so it’s advisable to consult with a criminal defense attorney before providing any statements to law enforcement.

Furthermore, you have the right to legal representation. If you cannot afford an attorney, one will be appointed for you. Exercise this right promptly to ensure you have competent legal counsel throughout the legal proceedings.

Potential Defenses For Domestic Battery Accusations

Several potential defenses may be applicable in domestic battery cases. Understanding these defenses can significantly impact the outcome of your case.

It’s not uncommon for false accusations to arise in the context of domestic disputes. Emotions can run high, leading to misunderstandings or intentional falsehoods. Your attorney will investigate the circumstances surrounding the accusation to determine its validity.

If you acted in self-defense to protect yourself from harm, it could serve as a valid defense. Your attorney will assess the evidence to establish the necessity of your actions for self-preservation.

Prosecution must prove that the accused intended to cause harm or make physical contact of an insulting nature. If it can be demonstrated that the alleged actions were accidental or lacked intent, it may weaken the case against you.

Importance of Seeking Professional Legal Counsel

Navigating the legal system, especially in cases involving domestic battery, is complex. Hiring an experienced criminal defense attorney is crucial for several reasons:

A skilled attorney understands the nuances of domestic battery laws in Illinois and can provide effective legal guidance based on their knowledge and experience.

Your attorney will thoroughly examine the details of your case, identifying potential weaknesses in the prosecution’s evidence and formulating a strong defense strategy tailored to your specific situation.

In some cases, an experienced attorney may be able to negotiate with the prosecution for reduced charges or penalties, providing a more favorable outcome.

If your case goes to trial, having a competent attorney by your side is essential. They will present a robust defense, cross-examine witnesses, and challenge the prosecution’s evidence to advocate for your innocence.

Legal Defense for Domestic Battery in Chicago

Being accused of domestic battery is a serious matter that requires careful attention and strategic action. Understanding your legal rights, potential defenses, and the importance of seeking professional legal counsel is crucial in navigating the complex legal landscape.

If you or someone you know is facing charges of domestic battery in Chicago, don’t hesitate to consult with an experienced criminal defense attorney who can provide the guidance and representation needed to protect your rights and ensure a fair legal process.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Facing domestic violence accusations in Illinois can be an emotionally draining and life-altering experience. Unfortunately, false allegations of domestic violence do happen, and they can have severe consequences on a person’s reputation, relationships, and future.

If you find yourself falsely accused of domestic violence, it is crucial to understand your rights and legal options to mount a strong defense and protect your reputation and your future.

Understand the Gravity of False Allegations

False domestic violence accusations can arise from various situations, such as acrimonious breakups, custody disputes, or personal vendettas. Regardless of the motive behind the false claims, the repercussions can be severe.

Being accused of domestic violence can lead to restraining orders and loss of child custody and can damage your personal and professional reputation. Recognizing the seriousness of these accusations and taking immediate action to defend yourself is essential.

The first step in defending against false domestic violence allegations is to seek the assistance of an experienced domestic violence defense attorney. An attorney with experience in this area of law can provide invaluable guidance and support throughout the legal process. They will review the details of your case, gather evidence, and develop a strong defense strategy tailored to your specific circumstances.

What exactly can you expect from your attorney?

Gather Evidence and Witnesses

In false domestic violence cases, evidence is critical to prove your innocence and undermine the credibility of the accuser’s claims. Collect evidence supporting your version of events, such as text messages, emails, or social media posts contradicting the accusations.

Additionally, identify witnesses who can provide testimony to verify your actions and refute the false allegations.

Document Your Communication

Maintain a detailed record of all communication with the accuser or anyone else involved in the case. This documentation can include phone calls, text messages, and any other interactions related to the accusations.

It is essential to remain respectful and refrain from engaging in any behavior that could be misconstrued as intimidation or harassment.

Comply with Court Orders

If a restraining order is issued against you, it is crucial to comply with the terms outlined in the order. Violating a restraining order can lead to serious legal consequences and weaken your defense against false allegations. It is best to abide by the court’s instructions while your attorney works on your defense.

Conduct a Thorough Investigation

Your attorney will investigate comprehensively to uncover inconsistencies or falsehoods in the accuser’s claims. They will interview witnesses, obtain relevant documents, and scrutinize the accuser’s background to build a robust defense.

Maintain Emotional Resilience

Being falsely accused of domestic violence can take an emotional toll. It is essential to lean on the support of family, friends, or a therapist to help you cope with the stress and anxiety during this challenging time.

False domestic violence accusations in Illinois can devastate every aspect of your life. If you face such false allegations, taking immediate action to protect your rights and reputation is crucial. Seek the counsel of an experienced domestic violence defense attorney who can provide the support and expertise you need to mount a strong defense.

You have the right to defend yourself against false accusations, and the burden of proof lies with the prosecution. With the proper legal representation, thorough investigation, and compelling evidence, you can work towards clearing your name and moving forward with your life. Stay strong, remain composed, and rely on a skilled attorney’s expertise to defend your innocence and safeguard your future.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

As far as the state of Illinois is concerned, the family unit needs to be protected. Therefore, when violence erupts between people who share a particular relationship in the state, it’s a crime that is taken very seriously.

Domestic violence is an issue that the state of Illinois has enacted laws in an attempt to curb its occurrence. Being found guilty once of a crime of domestic violence can cause you legal problems, but continuing to have issues in the domestic violence arena can get you labeled as a repeat offender and make the penalties much more serious.

If you’re looking at new domestic violence charges in Illinois this year, then there are a few things you need to understand. After all, your future is on the line.

What Is Domestic Violence in Illinois?

It may seem as if domestic violence is easy to define, but the truth is that it’s a crime that differs legally depending on where you live. In Illinois, domestic violence occurs when a specific type of crime is perpetrated against someone who is a member of your household or family member.

Who counts as a member of your household or family? The state clearly defines those members as:

• Someone you have been married to or are currently married to
• Someone you are related to by marriage or by blood, such as a stepchild, parent, or child
• Someone you have shared or currently share a home with
• Someone you share a child with
• Someone you have dated or are currently dating
• Someone with a disability and the person who cares for them

Any crime can be categorized as domestic violence if the victim of that crime is in one of the above categories.

Domestic Battery in Illinois

One of the most common crimes of domestic violence is domestic battery. It occurs when perpetrated when one person causes bodily harm intentionally to a person in the household or family. It includes making physical contact with someone in a way that is provoking or insulting.

Repeat Domestic Violence Offenses

Domestic battery is an excellent example of how repeat offenses of the crime can result in a harsher sentence. The first time someone gets convicted of domestic battery, they face penalties for a Class A misdemeanor, which includes a sentence of no more than a year in jail and a fine of $2,500.

However, in cases where the perpetrator has been previously convicted of domestic battery or violating an order of protection in the state, they face a Class 4 felony. A Class 4 felony can result in a sentence of up to six years and fines of as much as $25,000.

It is why anyone facing charges for a crime of domestic violence in the state needs to take it seriously. A previous conviction for a domestic violence crime on your record can set you up for more severe charges and penalties.

If you’re facing domestic violence charges in Illinois, you need an attorney to help you defend yourself against these charges. Don’t delay finding someone to represent you and ensure your rights are upheld now and in the future.

About the Author: Andrew M. Weisberg is a former felony prosecutor serving as a defense attorney in the greater Chicago area. He has extensive experience handling all criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

There are a few issues in the law that are as charged as domestic violence. Cases involving domestic battery can be intense for everyone involved, and being charged with this crime can turn your life inside out. Many people will make assumptions about you based on the charges without truly understanding the circumstances of your case.

Why does this happen? There are a lot of reasons, but one of the biggest is that there are a lot of myths surrounding crimes like domestic battery in Illinois. This crime has taken on a life of its own in a lot of ways in the public consciousness, impacting now only how people perceive it but also how people handle it when they are facing charges.

This is why it’s so important to set the record straight, so people can truly understand what domestic battery is and how it’s prosecuted. Here are three of the biggest myths surrounding Illinois domestic battery that everyone should know the truth behind.

Myth No. 1: Domestic Battery Isn’t Serious

Being charged with domestic battery in the state of Illinois is very serious. The consequences that can result from a conviction can impact your life forever. Sure, you can face up to 12 months behind bars and fines of as much as $2,500, but you may also be required to take classes such as anger management and complete drug and alcohol treatment.

Convictions for crimes, no matter how small, will go on your permanent criminal record as well. Anyone who does a background check on you going forward will see it, including potential landlords or employers. Even loans from banks can be placed in jeopardy if you have a criminal history.

Convictions will alter the course of your life forever, so it’s best to take charges for domestic battery seriously, even if you are innocent.

Myth No. 2: The Victim Can have the Charges Dropped

Domestic battery in the state of Illinois is considered a crime of violence. The state can prosecute you for a crime of violence, even if the victim wants the charges dropped or doesn’t want them pressed against you in the first place.

The only way domestic battery charges can be dropped in the state is if the prosecutor decides they don’t have enough evidence to win a case against you. Even then, there’s no guarantee that they will drop the charges.

Don’t be lulled into a false sense of security thinking that these charges are easy to escape, because they certainly are not due to how serious the state takes them.

Myth No. 3: You Don’t Need a Lawyer

It is true that defending yourself against charges of domestic battery in court can be costly, but that’s no reason to skip out on hiring an experienced attorney to represent you.

You may be under the impression that your side of the story is easy to tell and that your innocence will be apparent to the court, but that’s simply not true. These types of cases are very complex and there are many procedures and rules you must abide by in court that a person who isn’t a lawyer simply doesn’t know about. If you make even a small misstep, it can spell big trouble for your defense.

Hire an experienced domestic battery attorney to represent you. You’ll be glad you did.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

The state of Illinois considers certain crimes to be very serious, which has led to the idea of mandatory minimum sentencing for some crimes. Aggravated domestic battery is a crime for which, if convicted, you face a mandatory minimum sentence.

What does that mean? It means you could spend a longer time in prison or jail, especially if you have any prior domestic battery convictions on your criminal record. Read on to find out what Illinois considers to be domestic battery and aggravated domestic battery – and how mandatory minimum sentencing can play a role.

What Is Domestic Battery in Illinois?

In Illinois, domestic battery is perpetrated in the state in one of two ways:

• You cause bodily harm to a member of the household or a family member
• You make physical contact with a member of the household or family in a way that is provoking or insulting

If either of these things is done intentionally or knowingly, then prosecutors can charge you with domestic battery.

Who Are Members of the Household and Family?

What separates crimes like domestic battery from just battery? It’s who the crime is perpetrated against. For domestic battery and aggravated domestic battery, a member of the household or family includes:

• Anyone to whom you are currently or have been married
• Anyone you are related to by marriage or blood
• Anyone with whom you share a child
• Anyone you are dating or have dated in the past
• Anyone with whom you share (or have shared) a residence
• Anyone with a disability and their caretaker or assistant

Aggravated Domestic Battery in Illinois

In Illinois, aggravated domestic battery occurs when domestic battery is being perpetrated, and great bodily harm or disfigurement is done. It occurs if a person sustains an injury that leads to disability. It is also perpetrated if, at any point, the perpetrator strangles the victim.

Strangling is defined under the law as purposefully blocking another person’s blood circulation or normal breathing by placing pressure on their throat or neck or blocking their nose or mouth. The amount of time a person is strangled doesn’t matter under the law to qualify as an aggravated domestic battery – simply the act of strangling or choking another person is enough to qualify.

Penalties for Domestic Battery and Aggravated Domestic Battery

In Illinois, domestic battery can be a misdemeanor crime or a felony. In most cases, it will be a Class A misdemeanor if it’s your first offense, which can result in a penalty of up to 12 months in jail and fines of as much as $2,500.

If you are found guilty of domestic battery for a second time, you face a Class 4 felony, which can send you to prison for up to three years and make you responsible for fines of as much as $25,000.

If you are found guilty of aggravated domestic battery, it is a Class 2 felony in the state. That can send you to prison for up to seven years.

What About Mandatory Minimum Sentencing?

Since these crimes are subject to mandatory minimum sentencing in Illinois, there is a cutoff for the least amount of time you can spend behind bars for this crime.

For example, if you are convicted for the first time of aggravated domestic battery, you face at least 60 days in jail. However, subsequent convictions for this crime can send you to prison for as many as 14 years, with a sentence of at least three years.

Even a misdemeanor conviction for domestic battery has a mandatory minimum applied to it. Most misdemeanor crimes require people to complete court supervision for a first offense, but under mandatory minimum sentencing, this crime will not be subject to court supervision – you will have to go to jail. Additionally, this crime will go on your permanent criminal record and can never be sealed or expunged.

Defenses

As you can see, mandatory minimum sentencing is a frightening thing to face. That’s why it’s vital to make sure to have an experienced lawyer who can help you formulate a robust defense to help you be found not guilty or represent you if the prosecution offers a plea deal.

Every case is different, but common defenses to domestic battery and aggravated domestic battery charges include:

Self-Defense Due to Imminent Danger

If you believed there was an imminent threat or danger to yourself or someone else, then that can be a good defense.

Self-Defense Due to a Rational Response

A case for self-defense can also be made if you were acting rationally to what you perceived to be a danger.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In the state of Illinois, there are certain actions one can take against household or family members that can land them in legal trouble – namely, domestic battery or aggravated domestic battery charges.

A conviction for either one of these crimes is serious, but what many people don’t understand is the difference is between the two.

What constitutes domestic battery and how is different than aggravated domestic battery? Read on to find out, as well as the consequences that can be faced if you are found guilty of these domestic violence crimes.

What Makes a Crime Domestic Violence?

The first important thing to understand is what renders an offense one of domestic violence. After all, battery and aggravated battery are charged all by themselves – so what has to happen for one of these crimes to be elevated to domestic battery or aggravated domestic battery?

The answer is straightforward: For a crime to be considered one in the domestic violence wheelhouse, it must be perpetrated against someone who qualifies as a member of your household or family. More specifically, this includes:

• Someone you’ve been married to or current are married to
• Your children, stepchildren, parents, or anyone else related to you by marriage or blood
• Those with whom you have shared or currently share a home
• Anyone you have a child with
• Anyone you are engaged to or dating
• Those with disabilities as well as their caregivers

If you commit the crime of battery or aggravated battery against one of the above groups of people, then it is elevated to domestic battery or aggravated domestic battery.

Domestic Battery: What Is It?

Domestic battery occurs when someone causes bodily harm intentionally to a person who is a member of their household or family. It can also be perpetrated when physical contact is made in a provocative or insulting way with someone considered a member of the household or family.

In some cases, domestic battery is a Class A misdemeanor, but it can be elevated to a Class 4 felony if the defendant has a prior history of domestic battery convictions or a history of violating orders for protection. It can also be considered a Class 4 felony if the defendant has a record that includes other violent crimes against members of the household or family, such as

• Unlawful restraint
• Murder
• Kidnapping
• Aggravated domestic battery

Penalties for Domestic Battery

If convicted of a Class A misdemeanor, a person can face up to one year in jail and fines of as much as $2,500. Class 4 felony charges can result in up to six years behind bars and fines of up to $25,000 if found guilty.

Aggravated Domestic Battery: What Is It?

Aggravated domestic battery is committed if, during an incident of domestic battery, the defendant causes permanent disfigurement, disability, or great bodily harm to the victim. It can also happen if the victim is strangled during the incidence of domestic battery.

This is a Class 2 felony.

Penalties for Aggravated Domestic Battery

If found guilty of aggravated domestic battery, a person can be sentenced to probation in lieu of jail time for the most part, but a sentence is required by law to include a minimum sentence of 60-day incarceration. If there is one or more prior conviction for aggravated domestic battery on the defendant’s record, then they will spend a minimum of three years incarcerated.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Unfortunately, domestic violence is an issue that affects the lives of many families in America. Domestic violence is a serious issue that can have an impact on many aspects of a person’s life, including pending divorce and child custody.

The state of Illinois wants to protect children from domestic violence situations, especially if it’s occurring during a divorce. They prioritize a child’s safety, and, because of that, it’s vital to know how any domestic violence charges can shape the custody you may be seeking for your children.

Here’s what you need to know about domestic violence in Illinois and how it can affect child custody.

Illinois Domestic Violence Act

The Illinois Domestic Violence Act has been around since the mid-1980s. It provides the legal definition for domestic violence in the state, which is emotional or physical abuse, as well as activities that interfere with a person’s personal liberty. Willful deprivation is also a part of how domestic violence is defined under Illinois statutes.

Victims of domestic violence are not just those that a person is or has been married to, either. Household or family members can include parents, children, or anyone with whom you have been involved in a significant romantic relationship.

Any type of domestic abuse in child custody cases can have a very negative impact. Under the Illinois Domestic Violence Act, any previous domestic abuse that has been directed at a child or adult is considered in cases of custody.

So, if you have a domestic abuse charge in your past, it can have a major bearing on the outcome of child custody for you. In fact, parents of children with a past that involves domestic abuse may be excluded from primary custody of children as a result. Parenting time may be limited as well.

Parenting Time

If there is domestic abuse or domestic violence involved with a child custody case, the court may determine that the person accused of or with previous domestic violence charges should not be in contact with the involved child or children.

In fact, if there has been domestic violence that includes physical violence or emotional trauma, the court may not look too favorably on the defendant’s fitness to care for the child appropriately or keep them safe.

However, the court does start with the premise that cooperation and involvement from both parents are in the best interest of any involved children. So, there is a high bar against the court denying a parent visitation rights. However, they will deny visitation if it is believed that the child’s physical, emotional, or mental health is endangered by visitation.

It’s not uncommon for child visitation that involves domestic violence to garner special orders from the court by which the parties must abide.

For example, they may grant visitation but order that the address of the parent who has custody of the child primarily not be revealed to the other parent – if they feel it endangers their wellbeing. Visitation may have to occur at someone else’s home or at a private or public facility. Supervised visitation may also be ordered by the court.

Domestic violence is serious, and it can really obscure the already complicated matter of child custody when two parents are splitting up. If you are being accused of domestic violence, make sure you understand what that can mean for your child custody case.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In our state, there are some crimes that, when committed against a household or family member, are considered a crime of domestic violence. These charges can result in some significant penalties if you are convicted, so it’s important to understand what actions qualify and what can happen if you are found guilty.

Here’s what you need to know about domestic violence laws in Illinois and how a conviction can impact your life.

What Is a Domestic Violence Offense in Illinois?

In order for a crime to be considered domestic violence in Illinois, it must occur between two people who are family members or members of the same household. Under the law, this includes:

• Current spouses
• Former spouses
• Parents
• Children
• Stepchildren
• Anyone related by marriage or blood
• Those who have shared or currently share a home
• Anyone with children in common
• Anyone in an engaged or dating relationship
• Those with disabilities and their caregivers

Sadly, domestic violence incidents are quite widespread in our state. Most years, incidents reported to law enforcement reach six figures — and experts believe that they are hugely underreported.

Illinois Domestic Violence Offenses Reported to Law Enforcements Source: Illinois Uniform Crime Reports 2018

What Types of Crimes Fall under the Banner of Domestic Violence?

According to state statute, there are several types of crimes that are charged as domestic violence in Illinois if they take place between family or household members.

These include:

Domestic Battery

Domestic battery is perpetrated if a person purposefully causes bodily harm to someone in their family or household. It occurs when physical contact in a provoking or offending way occurs.

Domestic battery is a Class A misdemeanor in most circumstances. If the perpetrator has ever been convicted of a crime of domestic violence before or for violating a protective order, then it becomes a Class 4 felony. It can also be a Class 4 felony if the person accused has previously been convicted of a violent crime against someone in their household or family, such as unlawful restraint or kidnapping.

A Class A misdemeanor is punishable in Illinois by up to one year in jail and fines of $2,500. Class 4 felonies can send a person to prison for up to six years and make them responsible for fines up to $25,000.

Aggravated Domestic Battery

Domestic battery can become aggravated domestic battery if there are special factors present during the commission of the crime. If the crime causes permanent disability, disfigurement, or great bodily harm, then aggravated domestic battery will likely be charged. It is also charged in cases of strangulation.

This is a Class 2 felony and there’s a minimum jail sentence of 60 days required for this conviction if the judge decides to offer a conditional discharge or probation. If this is the second or higher conviction for this crime, a minimum of three years in prison will be sentenced.

Interfering with a Report of Domestic Violence

Not only is it against the law to commit a crime of domestic violence, it’s also against the law to take steps to prevent it from being reported to the police. If anyone prevents or tries to prevent a victim or witness from contacting emergency services, or attempts to prevent the victim from getting medical help, then they are guilty of this crime.

It is a Class A misdemeanor.

What Is a Protective Order?

In the state of Illinois, a person can ask the court to issue a protective order to gain some protection from an abusive household or family member. The person who the protective order is filed against can petition the court to contest it, but if it’s granted then it can last up to two years.

Illinois Orders of Protection Filed Cy 2005-2017 Source: Administrative Office of the Illinois Courts 2018

Protective orders in the state may include several different provisions, all with the goal of prohibiting the person named in the order from harassing, abusing, or intimidating the individual who filed for the protective order.

This kind of order can also award the use of a residence to a person and require that the named respondent leave the home and stay away from it. Other provisions can be included that address child custody and mandatory counseling and treatment.

The court can also grant emergency orders of protection. In these cases, the person named in the order does not have a chance to contest it in court. In these cases, it’s seen as a danger to the person filing the report for the named respondent to be notified of their efforts to get a protective order.

These types of orders will not include provisions that address issues such as support, counseling, and custody.

What Happens If You Violate a Protective Order?

If the person named in the protective order violates it, they can be charged with both the violation of the order and the crime that violated the order.

Child abduction is also considered a crime that violates a protective order, as is any violation named in the order that pertains to the physical care of a child, their custody, or taking the child out of state without permission.

If a protective order is violated, then it is a Class A misdemeanor, which comes with a maximum sentence of less than one year of imprisonment and a maximum fine of $2500.

If the person named in the protective order has any prior convictions for violating the order, violent crimes such as kidnapping and murder, or domestic battery, then it can be elevated to a Class 4 felony.

Is an Order of Protection a Restraining Order in Illinois?

An order of protection and a restraining order are two separate things. Restraining orders are broader and are meant to keep the person named in them from doing many different types of activities.

You can get a restraining order against your neighbor so they cannot build a fence, for example. It’s not something commonly used in domestic violence cases and is not the same thing as an order of protection.

The Relationship between Firearms and Domestic Violence Convictions

In most cases in Illinois, you must have something called a Firearm Owner’s Identification card to possess or buy ammunition or a firearm. The police can deny an application for a card or revoke a currently held card from anyone who:

• Has been convicted of assault, aggravated assault, battery, or violation of a protective order in the last five years in the state or a similar conviction in another state or jurisdiction
• Has ever had a conviction for domestic battery or aggravated domestic battery in the state or something similar in another state or jurisdiction

Federal Gun Laws

Under federal law, domestic violence protections also prohibit someone who has been convicted of even misdemeanor domestic violence from possessing or purchasing a firearm or ammunition.

If you have a gun and are arrested for a crime of domestic violence, then the state will notify you that you are subject to prohibitions on firearms under federal law. Once that is done, you can either admit to the conviction and be subject to those federal laws or say nothing and force the state to prove their case against you in order to take your firearms and ammunition away.

If you are convicted, then you are required to hand over your card as well as the firearms and ammunition you have in your possession.

Illinois Gun Laws

Under Illinois law, you are required to refrain from having firearms while on probation or conditional discharge if:

• you have a felony conviction or a misdemeanor that involved the threat of or infliction of bodily harm, or
• a misdemeanor of domestic violence.

Anyone in Illinois who is subject to an order of protection or no-contact order also cannot have a Firearms Owner Identification card. If you have one, it will be revoked. If the order of protection is only meant to last one year or less, then the card is suspended and reinstated when the order expires.

In all of these cases, when your card is suspended or revoked, you have to relinquish your firearms and ammunition. You will receive a notice from the state police and you then have 48 hours from then to relinquish your card to local law enforcement or state police and complete a Firearm Disposition Record form.

This form records the make, model, and serial number of your firearms and where the firearm will be during the time span under which you are not legally allowed to have it in your possession.

Defenses to Illinois Domestic Violence Charges

As you can see, domestic violence charges can have a big impact on your life. That’s why it’s in your best interest to work with a skilled attorney to help form the best defense possible in your case.

Remember, everyone is innocent until proven guilty, and it’s the prosecutor’s job to prove beyond a reasonable doubt that you are guilty of the crimes you’ve been accused of. A good defense strategy can help you to cast reasonable doubt and prevent conviction.

While the defense strategy that may work best in your case will be based on the specific circumstances of it, there are some common defense strategies used in cases of domestic violence.

They include:

Actual Innocence

If you didn’t do what you’re being accused of, then this is a solid defense. An experienced attorney will look for evidence that shows you were not the one who inflicted abuse on the victim and did not commit the crime.

Your lawyer will want to know where you were when the incident occurred and if there are any witnesses or alibis that can support your claim.

The Victim Is Not Telling the Truth

It is possible that the circumstances in the case are a fabrication on the part of the victim. In that case, your attorney can look for evidence that the injuries to the victim are not consistent with their story or that what they’re saying isn’t consistent with the police report of the crime.

It Was an Accident

Accidents happen, even in cases of domestic violence. If you were at the scene when the victim was injured and unintentionally caused the injury, this may be a viable defense.

Remember, the crimes associated with domestic violence do have an element of intent – you have to intend to inflict bodily damage on another. If there was no intent, then it’s not domestic violence.

It Was Self Defense

In some situations, the actions taken may have been in self-defense or in the defense of minors at the scene. To help support this, an attorney can look to the police report for admissions by the victim in the case that they were acting in a violent manner, compare the story you’re telling them to the things you told the police, look at your own injures to see if they were defensive and look for inconsistencies in the story.

Investigative Errors

In some cases, the way the police handle the case can be used in your favor. If you weren’t read your rights, if you requested a lawyer but were denied, if you invoked your right to remain silent and were questioned anyway, or if there were ways the investigation was lacking in the case, then those can be used to your advantage in court.

The Victim Has Violent Tendencies

Sometimes, you can commit the crime but have an explanation for why it happened. If there was violent behavior toward you or minors in the household because of the victim’s temper, medical conditions, or their abuse of other household or family members, then your attorney can help to present this evidence to the court.

Can It Be Proven Beyond a Reasonable Doubt?

Remember, the prosecutor must prove beyond a reasonable doubt that you perpetrated the crimes you’ve been accused of. If they cannot do that, then you may be found not guilty.

Of course, an experienced attorney can help this by taking certain actions such as submitting evidence that contradicts the victim’s testimony, pointing out any defensive injuries you may have, or introducing physical evidence from the scene that helps show you didn’t do what you’ve been accused of.

You have rights no matter what you’re accused of. It’s important to understand what they are and use them to help you in any way possible – which is where a good attorney comes into play. Understand the domestic violence charges against you and the case so that you can have the best defense possible.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

When police are called to the scene of two people fighting, there are several possible scenarios that can occur after that point. If the two people live in the same household, there is a chance that the crime of domestic battery can be charged.

When most people think of domestic battery charges, they imagine it’s something that a person can be charged with if they fight with the spouse or significant other – not simply a person that’s your roommate. But the laws surrounding the crime of domestic battery are clear, so it’s something everyone should be aware of.

If you’ve been charged with domestic battery, then it’s important to understand the laws covering it. If you haven’t, it’s equally important to understand what types of actions against certain people can lead to domestic battery charges. Here’s what you need to know.

Domestic Battery: What Is It?

Under Illinois law, domestic battery is defined as:

• Someone intentionally or knowingly causing physical harm to another person
• Making physical contact with someone in a provocative or insulting way.

It differs from battery in that these actions are taken against someone in your family or a household member.

Under the Illinois Domestic Violence Act, a specific group of people is covered by domestic violence laws. The people that you can be charged for domestic battery for taking these actions against include:

• Current Spouse
• Former Spouse
• Anyone you are related to by blood
• Anyone with whom you may co-parent
• A person you currently live with, whether your relationship is romantic or not
• An elderly adult and their caregiver
• A disabled adult and their caregiver
• Anyone with whom you may have previously lived
• Anyone you may be related to through a child
• Your children
• Your stepchildren

The type of actions that can end in domestic violence or domestic battery charge include:

• Physical abuse such as hitting, pushing, or stopping someone from leaving
• Threatening to hurt someone physically
• Forcing someone to take any action they don’t want to do

You can also be charged with aggravated domestic battery if physical harm is perpetrated on another person that disables or disfigures them.

The Penalties for Domestic Battery

If you are charged and convicted of domestic battery in Illinois, then you face some penalties that can have an impact on your life in a major way.

Under Illinois law, domestic battery is a Class A misdemeanor. A conviction can send you to prison for up to 12 months and require you to pay fines of as much as $2,500. It’s also a crime that will go on your criminal record, which can show up during background checks for employment and even loans or housing.

Aggravated domestic battery is a Class 2 felony. If you are convicted, then you can face as many as seven years in prison and be responsible for fines for as much as $25,000.

It’s also important to note that some circumstances can add to the severity of the charge against you when it comes to domestic battery. For instance, if a child was present during the event or there was a restraining order in place against you, then it can lead to more serious charges and penalties. If you have previously been convicted of a felony, then any domestic battery or domestic violence charge against you can be more serious.

Orders of Protection

Another factor related to domestic violence and domestic battery charges: orders of protection. Victims can seek out orders of protection by the court that can prevent you from making contact with them. If you share a home, then you can no longer live there. You will have to find alternative housing while the order of protection is in place.

Orders of protection may also mean that you have to:

• Turn over any guns you own to law enforcement
• Go to counseling
• Take classes about domestic violence at the direction of the court.

Violating a protective order is a crime itself and can lead to separate charges on top of domestic battery charges. If one is taken out against you, it’s important that you follow it.

As you can see, domestic battery is a serious charge with serious consequences. Certainly, people fight, especially people that live together. But it’s in the best interest of everyone involved if conflicts can be solved peacefully without escalating to domestic battery.

If you’ve been charged with domestic battery, then it’s important that you understand the charges against you as well as your rights under the law.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

It can be a surprise for many people when they are made aware they have an order of protection, sometimes called a restraining order, against them.

In many cases involving domestic violence, orders of protection are issued by the judge without the defendant being present. This means that you may have no idea that an order of protection exists against you until you are served with it.

What can you do to fight an Illinois protective order in your domestic violence case? Read on to find out.

What Is an Order of Protection?

Orders of protection are court orders that restrict the contact someone accused of domestic violence can have with a victim. It is only available for those people who are household or family members in cases where domestic violence has been alleged.

An order of protection will prevent the person named from contacting the victim or from sharing a residence with them. The accused must stay a certain distance from those named in the order, which can sometimes even be their own children.

If an order of protection is violated, then that is a crime itself. It can land the named person in jail, facing charges for yet another violation.

Different Types of Orders of Protection

There are several types of orders of protection in Illinois, each with varying lengths and conditions.

Emergency Order of Protection

These are issued at the request of someone who claims that you are a threat to them. It is issued on the day requested. You will not be notified of this type of emergency order, even though it may last up to 21 days.

Interim Order of Protection

After the first court appearance for the matter or after the date of that hearing, respondents can receive an interim order of protection. This type of order can last as many as 30 days and is often issued after an emergency order.

Plenary Order of Protection

This type of order of protection can last for up to two years. After reviewing the facts of a case, a judge can issue this type of order.

What Should You Do?

If you are served with an order of protection, it’s very important to follow the terms laid out in it and to contact an attorney. Any action taken against those named in the order can damage the case against them and lead to further criminal charges.

While an order of protection is in effect, any child support payments must still be made, as well as any fines and spousal support that have been ordered by the court. Temporary custody can be ordered by the court if you fail to follow an order, which can have an impact on any parental responsibility agreement that is in place.

An order of protection hearing will take place, in which you can plead your case and present evidence to the court. At the hearing, the judge will take into account all the evidence presented and decide whether an order of protection should be extended, as well as any temporary support payments.

After a judgment is made, it’s not easy to change an order of protection. That’s why it’s vital that you have the best case laid out for the judge at that time. This will give you the best shot at resolving the situation in your favor.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In the state of Illinois, certain acts of violence are categorized as crimes of domestic violence. When an act of violence is committed against a person in your family or household, then domestic violence laws can apply toward the charges against you, resulting in prison time, fines, and even orders of protection against you.

Being convicted of domestic violence can have a significant impact on your life and impact your rights. That’s why it’s crucial to understand the domestic violence laws in the state and how you and your attorney can defend yourself against domestic violence claims in court.

What Are Domestic Violence Offenses?

A crime can only be classified as one of domestic violence if it fits certain criteria. The victim of the crime must be a household or family member, which the state defines as:

• A former spouse
• A current spouse
• Those related to you by blood or marriage such as parents and children
• Those with whom you have a child in common
• Anyone with whom you are dating or engaged
• Anyone with a disability and their caregivers

Various crimes of domestic violence are commonly charged. They include:

Domestic Battery

This occurs when bodily harm is caused to a member of the household or family or physical contact is made with them in an insulting or confrontational way. This is a Class A misdemeanor in most circumstances, but it can be elevated to a Class 4 felony if the person accused has previous convictions of domestic battery.

Aggravated Domestic Battery

If in the commission of the crime of domestic battery great bodily harm, disfigurement, or permanent disability is caused, then you can be charged with aggravated domestic battery. If strangulation is involved, you may also be charged with this crime.

This is a Class 2 felony. Any sentence handed down if convicted requires the defendant to be incarcerated for at least two months.

If there are any previous aggravated domestic battery convictions in the criminal history of the accused, then the judge has to power to send a person to prison for a minimum of three years.

Defending Against Domestic Violence Charges

If you are charged with domestic violence, then it’s important to engage an attorney to help formulate a defense on your behalf. Make sure your rights are upheld during the court process.

The defense you use depends upon the circumstances of your particular case. In general, these are the types of defenses used in domestic violence cases:

• You are innocent of the crime
• The person accusing you of domestic violence is lying about the incident
• An accident was the reason behind the incident
• You were acting in defense of yourself or your kids
• Domestic violence charges cannot be proved beyond a reasonable doubt
• Your partner’s behavior was the cause of the incident
• Errors in the police investigation

Remember, the success of your defense depends on how much you cooperate with your attorney. You must be honest and upfront about every detail of the incident that led to the charges — perhaps even your relationship before the incident with the victim.

Withholding any important information from an attorney who represents you can make for a very poor outcome for your case. Remember, a conviction for a domestic violence crime will be with you forever.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Many people believe that if they are involved in an incident where charges are filed, then they can play a role in whether or not to press those charges against the defendant – and drop them if they want.

This isn’t always the case in Illinois, especially when it comes to cases involving domestic violence. Domestic violence offenses are complicated, and the laws are meant to help protect those who are victims.

Here’s what you need to know about what constitutes a domestic violence crime in Illinois, the potential penalties that can be faced, and whether or not the victim can ultimately have the charges dropped if they don’t want to pursue it in court.

What Makes an Offense Domestic Violence?

Domestic violence is its own category of offense because of the way it is defined.

In order for an offense to be considered domestic violence, it must be perpetrated against a household member or a member of the family. The law defines these groups as:

• Anyone who is a former or current spouse
• Anyone who is related to the accused as a parent, child, stepchild, or other person related by marriage or blood
• Anyone with whom the accused has a child
• Anyone with whom the accused has formerly shared or currently shares a dwelling
• Anyone who is in a dating relationship with or who is engaged to the accused
• A disabled person and their caregiver(s)

Crimes of Domestic Violence

Domestic violence crimes are charged as either domestic battery or aggravated domestic battery.

Domestic Battery

Domestic battery is defined as causing intentional bodily harm to someone in the household or family by making contact physically with them in an insulting way.

Domestic battery is a Class A misdemeanor in most cases, but it can be elevated to a Class 4 felony if:

• The accused has any prior convictions of domestic battery
• They are violating a protective order
• The accused has a criminal history of committing violent crimes against house members or family such as unlawful restraint, kidnapping, or murder

The penalty for a Class A misdemeanor is up to 12 months in prison and fines of as much as $2,500. If convicted of a Class 4 felony, then the sentence can be as many as six years in prison and fines for as much as $25,000.

Aggravated Domestic Battery

Aggravated domestic battery occurs when the accused causes bodily harm, disfigurement, or permanent disability to the victim. Strangulation while committing an act of domestic battery also elevates the crime to aggravated domestic battery.

This is a Class 2 felony. If found guilty, the defendant must serve at least 60 days in prison, but anyone with a prior history of aggravated domestic battery can be sentenced to a minimum prison sentence of three years.

Can a Victim Have Domestic Violence Charges Dropped?

The simple answer to whether or not a victim can have domestic violence charges dropped in Illinois: no, they cannot.

Illinois operates under a no-drop policy when it comes to charges related to domestic violence. Even if the victim doesn’t want to press charges, the state can still pursue charges against the accused.

There’s no doubt that cases involving domestic violence are emotionally charged and quite complex. Understand the consequences of what can follow in a domestic violence situation.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Domestic violence is a crime taken very seriously by the authorities in Illinois. Even if you’ve never been convicted of a domestic violence offense before, being charged with it once can have a huge impact on your future — especially if you’re convicted of felony domestic violence.

What is the difference between a misdemeanor and felony domestic violence in the state? It’s an important distinction to be aware of, especially if you’re facing charges.

Here’s what you need to know about domestic violence in Illinois: what it is, how it’s charged, and how you can defend yourself against it.

What Is Domestic Violence?

Domestic violence isn’t simply one type of act. Instead, it’s an umbrella term used to describe crimes, such as battery, that are committed against a household or family members.

Who are household or family members? The law defines them in the context of domestic violence crimes as:

• Someone you are currently married to or was married to
• Children, stepchildren, parents, or anyone else you are related to by marriage or blood
• Someone with whom you share children
• Anyone you currently share a home with or have in the past
• Anyone, you may be dating or engaged in a romantic relationship with
• Caregivers of those with disabilities

Domestic Battery in Illinois

Domestic battery is a common crime of domestic violence prosecuted in Illinois. It occurs when bodily harm is caused to a household or family member by someone else. It can also be perpetrated by acting in a provocative or insulting way to a household or family member.

In most cases, domestic battery is prosecuted as a Class A misdemeanor. But if you have previously engaged in domestic battery against you, or you have violated an order of protection, then you can be prosecuted for a Class 4 felony.

It is also a felony if you’ve committed other acts of domestic violence against someone in your household or family, such as:

• Aggravated domestic battery
• Unlawful restraint
• Murder
• Kidnapping
• Aggravated battery of an unborn child
• Aggravated battery with a firearm
• Criminal sexual assault
• Aggravated criminal sexual assault
• Aggravated battery of a senior citizen
• Attempted murder
• Aggravated kidnapping
• Aggravated unlawful restraint
• Aggravated discharge of a firearm

Aggravated domestic battery can be charged as a Class 2 felony as well if great bodily harm is caused to another. This remains the case if they’re permanently disfigured or disabled. Strangulation is also prosecuted as aggravated domestic battery.

What About Interfering with Domestic Violence Reporting

It is also a crime in Illinois to interfere with the report of domestic violence. Actions like preventing a call to the police, getting medical help, or reporting the incident to the authorities are considered interfering with domestic violence reporting. It is a Class A misdemeanor.

The Difference in Domestic Violence Misdemeanors

Misdemeanors involving domestic violence are unlike other misdemeanors in a few important ways. For one, misdemeanors are often eligible for court supervision if it’s a first offense. Domestic violence misdemeanors are not. That’s because court supervision usually doesn’t count as conviction and therefore can later be expunged or sealed.

A domestic violence misdemeanor can never be expunged or sealed from your criminal record. There is also a mandatory minimum sentence for domestic violence misdemeanors.

Penalties for Domestic Violence in Illinois

If you are convicted of a misdemeanor domestic violence charge, such as domestic battery, then it’s a Class A misdemeanor. That is punishable by as many as 12 months in jail and fines of as much as $2,500. You may also be required to complete probation.

For domestic violence charges that are Class 4 felonies, you can face up to three years in prison and be responsible for fines up to $25,000. If you’re charged with a Class 2 felony, then you can spend as many as seven years in prison and be responsible for fines of as much as $25,000 as well.

Anyone convicted of aggravated domestic battery must spend at least 60 consecutive days in jail. Because it’s mandatory, a judge cannot reduce or suspend the sentence by ordering probation.

Additionally, any domestic violence carried out in front of a minor will require the defendant to complete a minimum of 300 hours of community service. You may also have to pay for counseling needed by the minor after the incident.

As you can see, there’s a thin line between a misdemeanor and felony domestic violence charge in Illinois. Both are quite serious and will remain on your record forever. That’s why it’s vital to understand your rights and mount the best defense you can against the charges in court.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Cases of domestic violence play out in complicated fashions. Often, many factors make them difficult to prosecute – and, in truth, they’ve not been prosecuted as extensively as they should in the Illinois court system.

All that may soon change. The Illinois Supreme Court has recognized that courts need to hold more abusers accountable. While they acknowledge the complicated nature of these cases, far too many end in tragedy.

Domestic violence in Illinois is on the rise, and stories of abusers killing are far too common. Since chains of incidents often occur over time, the court sees an apparent need to proactively protect victims from abusers.

Here are the laws and penalties currently associated with domestic violence in Illinois – laws and penalties you should expect to see tightened in the near future.

Domestic Violence in Illinois

Certain actions in Illinois are considered domestic violence. These crimes, perpetrated against household members or those in a family, contain violence in various forms.

The law defines a household or family member as one of the following:

• Former or current spouse
• Children, stepchildren, parents, or other person related to you by marriage or blood
• Those who currently or have formerly lived together
• Those who parent a child together
• Anyone dating or engaged
• A person with a disability and their caregiver

Crimes of Domestic Violence

Several crimes can fall into the domestic violence category. These include:

Domestic Battery

Domestic battery is perpetrated when someone causes intentional bodily harm to a family member or someone in their household.

It may also be defined by physical contact with a household member in a provocative or insulting way.

In Illinois, this crime is a Class A misdemeanor most of the time. They are punishable by as many as 12 months in jail and fines of $2,500.

However, it can be elevated to a Class 4 felony in a few circumstances:

• The defendant has previous domestic battery convictions
• The defendant violates an active order of protection
• The defendant has past convictions of any violent offense against a family member

Class 4 felonies can result in up to six years behind bars and fines as high as $25,000.

Aggravated Domestic Battery

Aggravated domestic battery occurs when the perpetrator causes permanent disability, great bodily harm, or disfigurement. Strangulation can also be charged as aggravated domestic battery.

This offense constitutes a Class 2 felony. Any sentence will require at least 60 days in jail. If previously convicted of aggravated domestic battery, the sentence automatically increases to a minimum of three years in prison.

Interfering with Domestic Violence Reporting

If the defendant tries to prevent someone from flagging domestic violence, like obstructing a phone call to the police, they can be charged with interfering with reporting domestic violence. This is a Class A misdemeanor.

Protective Orders

Protective orders form a common component of domestic violence cases. You can seek a protective order from the court if you experience abuse from a household or family member. Protective orders last up to two years from the date issued.

Orders differ, but for the most part, they prohibit the person named in the protective order from contacting the person who sought the order. If they live together, the prohibited person must vacate and stay away from the residence.

Being found in violation of a protective order can lead to arrest.

The violation is a Class 4 felony if prior protective order breaches mark the defendant’s record, or if they’ve been previously convicted of domestic violence crimes.

Without previous domestic violence crimes or previous protective order violations, it’s a Class A misdemeanor.

Everyone has rights, whether you’re a victim or the person accused of perpetrating domestic violence.

Make sure to understand your rights and any charges filed against you, including protective orders. This will help you stay within the confines of the law as you await court day.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

The COVID-19 pandemic has impacted every single aspect of our lives, including how we get along with people in our own household.

According to the Illinois Domestic Violence Hotline, tensions between people quarantined together at home have resulted in more calls to the hotline in 2020. In fact, they report a 16 percent increase in the overall calls compared to the same time in the previous year.

Yet even as calls for help from domestic violence situations skyrocketed, the number of prosecutions for domestic violence declined in 2020, according to the Cook County State Attorney’s Office. In fact, there was a 22 percent decline from 2020 to 2019.

Even so, the state of Illinois does not tolerate domestic violence. If you are prosecuted and found guilty of domestic violence, the charges reflect that seriousness. Here’s what you need to know about domestic violence charges and penalties in Illinois.

What Is Domestic Violence in Illinois?

In the state of Illinois, domestic violence is defined as a family or household member enacting violence toward another family or household member. Under the law, a person is considered a member of the household or family if:

• They are a spouse or former spouse.
• They are the caregiver of a disabled person.
• They are related by marriage or blood, which includes children, stepchildren, and parents.
• They are in a romantic relationship, either dating or engaged.
• They have a child together.
• They share a living space or have shared one in the past.

The Charges Associated with Domestic Violence in Illinois

Several acts can fall under the umbrella of domestic violence in Illinois. The most common that result in domestic violence charges are:

Domestic Battery

This occurs when someone causes intentional bodily harm to another family or household member. It can also be charged if physical contact is made in an insulting or provocative way.

Domestic battery may be charged as a misdemeanor or a felony. It typically increases to a felony charge if the battery occurs in conjunction with:

• Use of a firearm
• Battery of a child
• Sexual assault

A Class 4 felony may also be charged if the defendant has been previously convicted of domestic violence. Conviction on a Class 4 felony can result in up to six years in prison and fines for as much as $25,000.

However, if none of the above apply, the charge will likely fall under Class A misdemeanor. You may serve up to 12 months in jail and be fined as much as $2,500.

Aggravated Domestic Battery

Domestic battery can be charged as an aggravated domestic battery if the victim sustains an injury. Examples that count as “injury” include permanent disability, disfigurement, great bodily harm, or strangulation. This is a Class 2 felony and can be punished by at least 60 days in jail and probation. If there is a history of domestic violence, aggravated battery can result in a minimum three-year sentence.

Domestic violence is a grave charge, so it’s vital to understand your rights if you ever find yourself accused. Consult an experienced attorney to mount a proper defense against charges that could have an impact on the rest of your life.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In Illinois, when you take certain violent actions against members of your family or household, they’re classified as domestic violence crimes.

While a conviction won’t necessarily equate to a whole lot of time behind bars or payment of a whole lot in fines, you will jeopardize your home and family life as well as put a ding on your criminal record against you.

Not to mention, crimes committed against family members or household members tend to have consequences that impact how you live your day-to-day life.

Here’s what you need to know about domestic violence crimes in Illinois, particularly domestic battery and domestic assault, including the differences between them and the penalties you may face if found guilty.

What Is a Domestic Violence Offense?

For a crime to be considered a crime of domestic violence, the perpetrator as well as the victim must be a household or family member. Household and family members are defined as:

• Former or current spouses
• People who currently or have formerly shared a dwelling
• Children, parents, stepchildren, and other people related by marriage or blood
• Those who have a child in common
• Those with disabilities and their caregivers
• Those who are engaged or dating

What Is Domestic Battery?

When a person deliberately causes bodily harm to a family or household member by making contact with them physically in a confrontational or offensive way, then it is considered a crime of domestic battery.

Generally, this is a Class A misdemeanor, however, if you have a history of domestic battery or you’ve previously violated an order of protection, then it becomes a Class 4 felony.

A Class A misdemeanor can result in 12 months in jail and fines of $2,500. However, a Class 4 felony can put you in prison for up to six years and make you responsible for fines up to $25,000.

What Is Domestic Assault?

In Illinois, when a person acts in such a way that inflicts bodily harm on a family member or household member or makes them fear for their lives, then it is considered domestic assault.

In general, domestic assault where a person’s life was not threatened is a Class A misdemeanor charge but if strangulation of a household or family member occurs, or you’ve had prior convictions of similar charges in the past, then it is a Class 4 felony.

For misdemeanor assault cases, if the defendant has no prior history, then they most likely will only get court supervision. This kind of recourse doesn’t count as a conviction but still goes on your criminal record.

As a part of court-ordered supervision, classes may have to be completed as well as counseling for domestic violence issues. The max penalty for a Class A misdemeanor is one year in prison and a fine up to $2,500.

If there is a prior conviction on record, then you can face up to three years in prison. You may also be ordered to have no contact with the person you have been convicted of perpetrating domestic assault against.

These are the penalties that can have the greatest impact on your life — especially when your children are involved.

Domestic violence as a whole, and domestic assault and domestic battery specifically, have a huge impact on the lives of everyone involved. Make sure to understand your rights if you are charged with domestic violence and understand what charges are filed against you.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

“Assault and battery.” You’ve probably heard this phrase on shows about law enforcement or violent crimes.

These two terms are paired together so often that they almost sound like the same crime. The truth about assault and battery in Illinois may come as a surprise to you, though. One of these crimes is more “serious” than the other.

At first glance, “assault” appears to be the more serious of the two crimes. You may have heard “assault” used to reference a standalone crime, or used in terms like “sexual assault” or “aggravated assault.”

Illinois does not see assault and battery in this way. While both are violent crimes that may come with jail time, a battery crime is more serious.

Assault Vs. Battery in Illinois

Illinois law defines assault as an event when a person “knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.”

Battery crimes are defined as events when a person “causes bodily harm to an individual or makes physical contact of an insulting or provoking nature with an individual.”

Look at it this way. If you are threatening to beat up someone across the room, you may be charged with assault. Actually follow through on your threats, though, and the moment you lay a hand on the other person, battery charges may be filed.

Illinois Law and Aggravated Assault

Violent crimes in Illinois are categorized by whether they are “simple” or “aggravated.” An aggravated assault crime occurs when aggravating factors are present. If none are present, the alleged offender is simply charged with assault.

So what are aggravating factors according to Illinois law?

• Committing assault in a public place, including a sports venue, place of worship, school, or amusement park
• The victim has a physical disability, is over the age of 60, is a teacher or public official performing their official duties
• A firearm, dangerous weapon, or motor vehicle is used in the crime
• Records the incident with the intent of destroying the recording

For example, threatening an off-duty state employee may result in an assault charge. If that state employee is at work and performing their duties at the time of the assault, the charge may be elevated to aggravated assault.

Aggravated Battery in Illinois

Remember that when an assault is “complete,” the incident is no longer classified as “assault” but battery instead.

While the same aggravating factors are in play when an assault is “completed,” there are other aggravating factors associated specifically with battery crimes. Charges can also be bumped from battery to aggravated battery when:

• The victim suffers from great bodily harm, permanent disability, or disfigurement
• Strangulation occurs
• The victim is pregnant, has an intellectual disability, or is under the age of 13

Attempting to shoot someone, strangling someone, or causing serious damage to a victim are all examples of an aggravated battery crime.

Illinois Domestic Battery Cases

In addition to battery charges and aggravated battery charges, offenders may face domestic battery charges under certain circumstances.

When the victim is a household or family member of the alleged offender, the battery becomes classified as a “domestic battery” crime. The same aggravating factors above also apply to domestic battery cases.

If, for example, the battery is conducted in the presence of a child, additional penalties will be added to the offender’s sentence. Prior convictions will also play a part in sentencing when a case is considered a domestic batter one.

Charges and Penalties for Assault and Battery in Illinois

The ways assault and battery crimes are penalized vary widely. A conviction on these types of crimes can result in penalties ranging from community service only all the way up to 60 years in an Illinois prison.

Assault and Aggravated Assault

While an assault is generally charged as a Class C misdemeanor (penalties for which include 30-120 hours of community service), an aggravated assault conviction carries penalties based on the aggravating factors.

Aggravated assault on public property, for instance, is a Class A misdemeanor and could result in a year in jail. If the victim is a private security guard, however, the same incident could be charged as a Class 4 felony. In this case, a conviction could mean three years in prison.

Another example, discharging a weapon, especially against a public official, is a Class 3 felony; penalties include up to five years in prison.

Moreover, fines may also be assessed for offenders convicted on any of these charges.

Battery, Domestic Battery, and Aggravated Incidents

Battery and domestic battery are both considered Class A misdemeanors, while aggravated battery charges begin at a Class 3 felony.

If the victim is a family or household member, the charge begins at a Class 2 felony. And depending on the aggravating factors present, an aggravated battery charge can reach up to a Class X felony.

Penalties will depend on the specific circumstances surrounding your case, but aggravating factors could bring sentencing up to a 60-year maximum behind bars.

Defending Against Assault and Battery Charges in Illinois

The distinction between assault, battery, and their aggravated counterparts could help you if you have been charged with a crime.

A criminal defense lawyer may suggest that you argue against the presence of aggravating factors, which can lessen your criminal charges and the possible penalties. Reach out today to learn how you can get the best deal in court tomorrow.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.