Aggressive. Experienced.
Former Cook County Felony Prosecutor
Aggravated Domestic Battery
Charged with Aggravated Domestic Battery in Chicago? Defense Attorney Andrew M. Weisberg Can Help
Aggravated domestic battery is one of the most serious forms of domestic violence under Illinois law, and Cook County prosecutors are now pursuing these cases with unprecedented intensity. Under the new policies introduced by the Cook County State’s Attorney in December 2024, prosecutors are seeking longer prison sentences, limiting plea bargains, and pushing for mandatory incarceration — even in cases where probation was once possible.
If you are charged with aggravated domestic battery, you are facing a mandatory prison sentence, steep fines, and a permanent criminal record that cannot be sealed or expunged.
With Cook County’s tougher stance, it’s critical to have a defense attorney who understands exactly how prosecutors build these cases — and how to dismantle them. Andrew M. Weisberg, a former Cook County prosecutor turned criminal defense attorney, uses his inside knowledge of the system to aggressively defend clients facing serious domestic battery allegations.
Call (773) 908-9811 today for a free, confidential consultation with Andrew M. Weisberg.
What Is Aggravated Domestic Battery in Illinois?
Under 720 ILCS 5/12-3.3, aggravated domestic battery occurs when a person commits a domestic battery that results in:
✔ Great bodily harm, permanent disability, or disfigurement to the alleged victim; or
✔ Strangulation, meaning any act that restricts the victim’s breathing or blood circulation by applying pressure to the neck or throat.
Even if no visible injuries are present, placing your hands near someone’s neck or restricting their breathing can result in felony charges for aggravated domestic battery.
Factors That Elevate Domestic Battery to Aggravated Domestic Battery
Several circumstances can turn a simple domestic battery charge into a felony:
- Serious Injuries – Significant bodily harm, such as broken bones, deep bruising, or burns.
- Strangulation – Any act of choking or restricting airflow automatically qualifies as aggravated domestic battery.
Penalties for Aggravated Domestic Battery in Chicago
Prosecutors are now far less willing to negotiate plea deals or offer probation under Cook County’s stricter policies. If convicted, penalties can include:
Class 2 Felony (Standard Offense)
- 3 to 7 years in prison
- Up to $25,000 in fines
Class 1 Felony (Repeat or Aggravated Circumstances)
- 4 to 15 years in prison
Additional Consequences
- Permanent criminal record — cannot be sealed or expunged
- Loss of firearm rights — permanently barred from owning or possessing guns
- Restraining or No-Contact Orders — may prevent contact with the alleged victim
How Cook County’s New Policies Affect Domestic Battery Cases
In the past, Cook County prosecutors occasionally allowed probation, deferred prosecution, or reduced charges for first-time domestic battery offenders. Those days are largely over.
Key Changes Under the New State’s Attorney (Effective December 2024):
✔ More misdemeanor cases are now being filed as felonies
✔ Probation and supervision are offered less frequently
✔ Alternative sentencing programs are rarely approved
✔ Prosecutors are instructed to seek prison time whenever possible
In this environment, it’s crucial to have an attorney who can identify weaknesses in the State’s case and negotiate strategically — or, when necessary, fight aggressively at trial.
Defending Against Aggravated Domestic Battery Charges
Every case is different, and a skilled attorney can often expose major flaws in the prosecution’s evidence. Andrew M. Weisberg develops defense strategies tailored to the specific facts of each case, including:
✔ Self-Defense or Defense of Others – You acted to protect yourself or another person from harm.
✔ False Allegations – Emotions run high in domestic situations, and accusations can be exaggerated or fabricated.
✔ Lack of Evidence – The State must prove guilt beyond a reasonable doubt; weak or contradictory evidence can lead to dismissal.
✔ Violation of Rights – If police obtained evidence through an illegal search, coerced confession, or failed to follow proper procedure, that evidence can be suppressed.
Andrew meticulously reviews police reports, 911 calls, medical records, and witness statements to find inconsistencies and build the strongest possible defense.
Why Choose Andrew M. Weisberg as Your Chicago Domestic Battery Defense Lawyer
Andrew M. Weisberg’s reputation as a former felony prosecutor gives his clients a unique advantage. He knows exactly how the prosecution thinks — and how to stay a step ahead.
✅ Insider Knowledge of Prosecution Strategy – Understands how cases are built and how to dismantle them.
✅ Aggressive Trial Experience – Ready to cross-examine witnesses and challenge the State’s evidence head-on.
✅ Proven Results – Successfully secured dismissals, acquittals, and charge reductions in domestic battery cases across Cook County.
✅ Personalized Representation – You work directly with Mr. Weisberg throughout your case — no assistants, no handoffs.
Frequently Asked Questions About Aggravated Domestic Battery in Illinois
What is aggravated domestic battery under Illinois law?
Aggravated domestic battery, under 720 ILCS 5/12-3.3, is charged when an alleged domestic battery involves great bodily harm, permanent disability or disfigurement, or when the accused knowingly strangles or suffocates the alleged victim. Because it combines a domestic-violence allegation with an aggravated battery enhancement, it is treated as a very serious felony.
Is aggravated domestic battery a mandatory-prison offense?
Yes. Aggravated domestic battery is a Class 2 felony with a sentencing range of three to seven years, and probation is generally not available. Under certain circumstances, extended-term sentencing can apply, increasing the possible sentence to as much as fourteen years.
Can aggravated domestic battery charges be reduced to a lesser offense?
They can, depending on the evidence. Many cases hinge on medical documentation, witness statements, 911 calls, and the credibility of the parties involved. If injuries do not meet the legal definition of great bodily harm or if the evidence of strangulation is weak or inconsistent, charges may be reduced to a lesser felony or to a misdemeanor domestic battery.
What counts as “strangulation” for purposes of this charge?
Strangulation does not require that the alleged victim lose consciousness. The State only needs to claim that pressure was applied to the neck or throat, even briefly. Because this is often based solely on the complaining witness’s statement without medical proof, these allegations must be examined carefully.
What if the incident involved mutual combat or self-defense?
Self-defense is a recognized legal defense in domestic-violence cases. If you used force to protect yourself or another person from imminent harm, that can significantly change the outcome. In some cases, both parties used force, or the accused was actually the one trying to retreat or de-escalate. These facts are important in building a strong defense.
Is physical injury required for an aggravated domestic battery charge?
Not always. If the allegation is strangulation, the State can charge aggravated domestic battery even if there are no visible marks. When the allegation is great bodily harm or permanent disability or disfigurement, visible or medically documented injury is usually required, and that evidence must be carefully scrutinized.
Can the alleged victim drop the charges?
No. In Illinois, domestic-violence charges are prosecuted by the State’s Attorney, not the complaining witness. Even if the alleged victim wants the case dismissed, the prosecutors can—and often do—continue pursuing the charges. However, the alleged victim’s wishes may influence negotiations or the overall development of the case.
Will I be able to go home while the case is pending?
In many cases, a no-contact order or order of protection is automatically issued at the first court appearance. This can prevent you from returning home, even if the alleged victim requests otherwise. Your attorney can petition the court to modify or remove these restrictions when appropriate.
How does alcohol or intoxication factor into these cases?
Alcohol often plays a role in domestic-violence allegations, and it can affect memory, perception, judgment, and the accuracy of statements. When both parties were drinking, inconsistencies in reports or statements may provide important opportunities to challenge the evidence.
Why is early legal representation critical?
Aggravated domestic battery cases move quickly. Important evidence such as photographs, text messages, surveillance footage, and 911 recordings can disappear within days. Early intervention allows your attorney to preserve evidence, challenge the initial narrative, and begin negotiating before the case becomes entrenched.
Don’t Risk Your Freedom — Call Andrew M. Weisberg Today
A conviction for aggravated domestic battery in Chicago can change the course of your life — leading to years in prison, a permanent record, and lasting personal consequences. With prosecutors taking a tougher stance than ever before, you need an experienced, aggressive defense attorney to protect you.
Call (773) 908-9811 now for a free, confidential consultation, or fill out the Case Review Form on this website.
Your defense begins the moment you make that call — don’t wait to protect your rights, your freedom, and your future.
