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(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

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Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

Call Today for a FREE CONSULTATION

SE HABLA ESPAÑOL

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

Call Today for a FREE CONSULTATION

SE HABLA ESPAÑOL

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

Domestic Battery

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.

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.

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