Facing a Domestic Battery Charge in Chicago or Cook County? Andrew M. Weisberg Is Ready to Defend You
A domestic battery charge in Illinois is a serious legal matter with long-lasting consequences. The law defines domestic battery as either causing bodily harm to a family or household member or making physical contact of an insulting or provoking nature. Even a first-time offense can carry severe penalties. It is typically charged as a Class A misdemeanor, punishable by up to 364 days in jail, fines of up to $2,500, and additional court costs.
Cook County prosecutors are now taking a much tougher stance on domestic battery cases. Under policies implemented by the new Cook County State’s Attorney in December 2024, more cases are being prosecuted as felonies, and plea deals that once allowed probation or alternative sentencing are increasingly rare. For defendants, this shift means greater exposure to jail time, stricter sentencing, and fewer opportunities for leniency.
If you have a prior conviction or if prosecutors view the case as particularly violent, you could be charged with aggravated domestic battery, a Class 4 felony carrying up to three years in prison and fines up to $25,000. Courts may also impose mandatory domestic violence programs, substance abuse evaluations with treatment, or GPS monitoring.
In this environment, having an experienced defense attorney is more important than ever. Andrew M. Weisberg is a former Cook County prosecutor who has handled countless domestic battery cases from both sides of the courtroom. He understands how these cases are built, how prosecutors approach them, and what it takes to protect your rights and your future.
How Cook County’s New Policies Affect Domestic Battery Defendants
The current Cook County State’s Attorney has instructed prosecutors to pursue domestic violence cases more aggressively. As a result:
• More cases are being filed as felonies rather than misdemeanors
• Prosecutors are resisting deferred prosecution, supervision, or other alternative outcomes
• Repeat offenders are facing longer sentences and fewer plea opportunities
Even a first-time charge can now have permanent, life-changing consequences. If you are accused of domestic battery, securing experienced representation immediately is essential.
Understanding Domestic Battery and Aggravated Domestic Battery in Illinois
Illinois law distinguishes between domestic battery and aggravated domestic battery based on the severity of the alleged conduct and the resulting harm.
Domestic Battery – 720 ILCS 5/12-3.2
• Class A Misdemeanor
• Up to 364 days in jail
• Fines up to $2,500
• Creates a permanent criminal record (not eligible for expungement or sealing)
Aggravated Domestic Battery – 720 ILCS 5/12-3.3
A domestic battery becomes aggravated when the alleged victim sustains great bodily harm, permanent disability, or disfigurement, or if strangulation is alleged.
• Class 4 Felony
• One to three years in prison (non-probationable)
• Fines up to $25,000
• Enhanced penalties for repeat offenders
If a child was present during the incident, Illinois law mandates at least ten days in jail and/or 300 hours of community service. Defendants may also be ordered to pay for the child’s counseling.
Under Cook County’s new policies, prosecutors are seeking harsher penalties even in cases involving minimal or disputed injuries. Early legal intervention can make a crucial difference in the outcome.
Why Choose Andrew M. Weisberg to Defend Your Domestic Battery Case
Andrew M. Weisberg is a seasoned Chicago criminal defense lawyer and former Cook County prosecutor. He brings firsthand knowledge of how the State builds and prosecutes domestic violence cases, allowing him to identify weaknesses and develop targeted defense strategies.
Common defense approaches include:
• Self-defense or defense of others. If you acted to protect yourself or someone else, your actions may be legally justified.
• False or exaggerated allegations. Domestic cases can arise from anger, custody disputes, or relationship conflict, leading to false claims.
• Lack of credible evidence. The State must prove its case beyond a reasonable doubt. If the evidence is weak, contradictory, or inconsistent, charges may be dismissed.
• Violation of rights. If police conducted an unlawful search or interrogation, the resulting evidence may be suppressed.
With Cook County prosecutors taking a tougher approach, you need a defense attorney who understands both the law and the strategy behind these prosecutions. Andrew M. Weisberg’s combination of courtroom experience, negotiation skill, and prosecutorial insight makes him a powerful advocate.
A Proven Chicago Defense Lawyer for Domestic Battery Charges
Andrew M. Weisberg provides aggressive representation and individualized attention to every client. He will:
• Conduct a thorough investigation and examine the State’s evidence
• Challenge inconsistencies and procedural errors in the prosecution’s case
• Seek charge reductions or alternative sentencing whenever possible
• Fight for a dismissal, acquittal, or minimized penalties
The earlier you involve an experienced defense attorney, the better your chances of reaching a favorable outcome.
Frequently Asked Questions About Domestic Battery in Illinois
What is domestic battery under Illinois law?
Domestic battery is charged under 720 ILCS 5/12-3.2 and involves causing bodily harm or making physical contact of an insulting or provoking nature against a family or household member. The definition of “family or household member” includes spouses, ex-spouses, dating partners, former dating partners, roommates, co-parents, family members, and others with close personal ties.
Is domestic battery a misdemeanor or a felony?
A first-time domestic battery is usually a Class A misdemeanor. However, it can become a felony if the accused has prior convictions for domestic battery, violations of orders of protection, or certain violent offenses. Strangulation and other aggravated conduct can also elevate the charge to a felony.
What are the penalties for a domestic battery conviction?
A misdemeanor conviction can lead to up to 364 days in jail, probation, fines up to $2,500, mandatory counseling, and a permanent conviction on your record. Felony domestic battery carries more severe sentencing, including prison time. Unlike many other misdemeanors, domestic battery convictions cannot be expunged or sealed.
Will the case be dismissed if the alleged victim doesn’t want to press charges?
Not necessarily. Domestic battery cases are prosecuted by the State of Illinois, not the alleged victim. Even if the complaining witness wants the case dropped, prosecutors often continue forward—especially in Chicago—unless there is insufficient evidence.
Can I have contact with the alleged victim after being charged?
In most cases, no. Bond conditions often prohibit contact with the alleged victim, even if both people want communication. Violating these conditions can lead to additional charges, including violation of an order of protection or violation of bond.
What if the accusation is false or exaggerated?
False accusations happen in domestic cases because emotions and conflict run high, especially during breakups, divorces, or custody disputes. A defense attorney can expose inconsistencies, interview witnesses, obtain messages or recordings, and challenge the credibility of the allegations.
Will I have to leave my home?
Many domestic battery charges result in a no-contact order that requires the accused to stay away from the home they share with the alleged victim. This can apply even if you own the home and even if the alleged victim wants you to return. Your attorney can request modifications when appropriate.
Can domestic battery charges be reduced or dismissed?
Yes. Depending on the facts, outcomes can include reduced charges, deferred prosecution agreements, dismissals, or findings of not guilty at trial. Weak evidence, inconsistent statements, or lack of injury often lead to favorable negotiations or full acquittals.
Does a domestic battery conviction affect gun rights?
Yes. Federal and state law prohibit anyone convicted of domestic battery from owning or possessing a firearm. This restriction applies even when the case is a misdemeanor and is long-lasting or permanent in many situations.
Do I need a lawyer for a domestic battery charge?
Absolutely. Domestic battery is one of the most serious misdemeanor offenses because of its long-term consequences and the fact that convictions cannot be expunged or sealed. A skilled attorney can protect your rights, negotiate with prosecutors, and present a strong defense to avoid a permanent conviction.
Contact Andrew M. Weisberg for Immediate Legal Help
If you have been charged with domestic battery in Chicago or anywhere in Cook County, do not face the system alone. With prosecutors pursuing harsher penalties and fewer plea agreements, you need a proven defense attorney who will fight for your rights at every stage.
Call Andrew M. Weisberg today for a free consultation at (773) 908-9811, or submit the online Case Review Form to request immediate assistance.
Your freedom, future, and reputation are too important to leave to chance. Let Andrew M. Weisberg protect your rights and build the strongest defense possible.
