What Counts as Domestic Battery Under Illinois Law? In the heat of an argument, it can be hard to keep track of everything that happens. Maybe things spiraled out of control, and the police were called. Or maybe it was only verbal, and the battery accusations are false. Regardless, if you’ve been arrested for or accused of domestic battery, don’t panic – Combs Waterkotte is here to help.
Regardless of what happened, the first thing you need to do is contact a Southern Illinois criminal defense lawyers right away – it’s important to start building your case as soon as possible. Our Southern Illinois defense team has handled over 10,000 cases, many just like yours. Defending domestic battery charges is one of our specialties, and we are available 24/7 to help.
Call now at (314) 900-HELP or reach out online for a free, confidential consultation.
What Counts as Domestic Battery Under Illinois Law?
Domestic battery can fall into one of two categories in Illinois: Causing bodily harm or touching someone in an insulting or provocative way. In either case, the action must have been taken against a “Family or Household Member.”
In Illinois, this includes:
- Spouses
- Ex-spouses
- Children (including stepchildren)
- Parents
- Other blood relatives
- In-laws
- Roommates
- Dating partners
- Co-parents
- Persons with disabilities (specifically their caregivers)
What Counts as Causing Harm?
Causing bodily harm includes any sort of alleged physical harm against a family or household member. In this law, the alleged offender must have caused the harm on purpose, and without a good reason.
Examples of actions causing bodily harm include:
- Punching
- Kicking
- Choking
- Cutting
- Shoving forcefully
What Counts as Touching Someone Insultingly?
For this Illinois law, touching someone insultingly does not involve physical injury, but does include unwanted contact that the alleged victim finds offensive.
Examples include:
- Spitting on the alleged victim
- Grabbing
- Slapping that does not result in injurys
- Shoving lightly
What’s the Sentence for Domestic Battery in Illinois?
Being convicted of domestic battery in Illinois could result in a wide range of sentences, depending on the specifics of the case. It can vary from a Class A misdemeanor to a Class 2 Felony, with a wide range of potential prison sentences.
Standard Domestic Battery:
As a baseline, domestic battery is a Class A misdemeanor, which can result in up to 364 days in prison. However, certain factors can change that:
- Certain past convictions, like violating a restraining order, will upgrade the alleged offense to a Class 4 felony.
- For someone’s second or third domestic battery conviction, it is also a Class 4 felony.
- For a fourth domestic battery conviction, it is a Class 3 felony.
- For a fifth or further domestic battery conviction, it is a Class 2 felony.
Additionally, for a second or further conviction, there is a mandatory minimum of 72 hours in jail, which cannot be turned into probation.
Aggravated Domestic Battery:
Aggravated domestic battery is always a Class 2 felony, which carries a sentence of 3 to 7 years in prison under ordinary circumstances. There are a couple of special circumstances to keep in mind, though:
- If the alleged offender receives probation, they still need to spend at least 60 days in prison.
- For a second or further conviction of aggravated domestic battery, prison time is mandatory.
- It’s possible to receive an extended term sentence, in which case the prison sentence can range from 7 to 14 years.
Whatever charges you are facing, it’s important to hire a domestic violence lawyer early in order to give yourself the best defense possible.
Collatoral Consequences of a Domestic Battery Conviction:
While a the prison sentence or probation may beis main punishment for a domestic battery conviction, there are several other long-term consequences for domestic battery convictions, both under Illinois law and informal:
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Orders of protection may be filed against you by the alleged victim.
You can lose your job, and potential future employers may refuse to hire you.
Your Firearm Owner’s Identification card will be revoked, and you’ll lose your right to own a firearm.
Some professional licenses may be more difficult or impossible to attain.
Landlords may refuse to rent to you.
You’ll carry a social stigma as both a convict and an alleged domestic violence offender.
How to Defend Against Domestic Battery Charges in Illinois
Domestic battery, whether aggravated or not, is a serious charge with serious consequences. But, with the help of a skilled Southern Illinois domestic battery defense lawyer, you can protect your rights and fight for your freedom.
As soon as you become aware of the charge, take the following steps:
- Don’t Talk – Whether it’s to the police, friends, family, or the alleged victim, talking about the case can damage your future defense.
- Comply With Special Conditions – If you were given special rules while awaiting trial, follow these rules.
- Stay Away From the Alleged Victim – You’re unlikely to resolve the situation by contacting the alleged victim, and in fact, this could be viewed as threatening them.
- Collect Evidence – If you have any text messages, documentation, pictures of injuries, or anything else that could be relevant, gather it up.
- Avoid Social Media – Just like talking, posting can hurt your defense.
- Call a Domestic Battery Defense Lawyer – The sooner a Southern Illinois domestic battery attorney can look at your case, the better your chances are at obtaining a favorably resolution to your case.
Illinois Domestic Battery Legal Defense Strategies:
Once you have gotten in contact with your attorney, they’ll review your evidence and start building your defense. Here are some of the common strategies we may use at Combs Waterkotte to defend these types of cases, just like yours:
- Argue that the accusations are false or exaggerated.
- Claim you acted in self-defense or the defense of others.
- Argue that the contact was accidental.
- Argue that the state’s case lacks enough evidence to prove any wrongdoing.
- Uncover a violation of your constitutional rights during the investigation or court proceedings.
Accused of Domestic Battery in Illinois? Call Combs Waterkotte Now to Protect Your Freedom
Being accused of a crime and not knowing what to do, especially for a felony like domestic battery, is scary. Don’t go through it alone. Combs Waterkotte has a team of expert Southern Illinois criminal defense lawyers who are experienced with domestic battery cases like yours.
Call us now at (314) 900-HELP, or reach out online for a free, confidential consultation. We won’t stop fighting for your freedom until you get the justice you deserve.
