Under the Illinois Domestic Violence Act, any person who hits, chokes, kicks, threatens, harasses, or interferes with the personal liberty of another family or household member has broken Illinois Domestic Violence law. You may be charged with domestic battery if you knowingly and without legal justification cause bodily harm to any family or household member or if you make physical contact of an insulting or provoking nature with any family or household member.
In Illinois, based on the facts and circumstances surrounding your case, you could be convicted with either a felony or a misdemeanor for domestic battery. If you have no previous convictions involving violent crimes, you may be charged with a Class A Misdemeanor and serve a maximum of one year in prison. When a domestic violence charge includes severe aggravating factors, your charge could be increased to an aggravated domestic battery and you could be charged with a felony. If you have a history of violent crimes, such as kidnapping, murder, unlawful restraint, or aggravate domestic battery, you could be facing a Class 4 Felony conviction. A Class 4 Felony conviction could result in one to three years of imprisonment and hefty fines. However, if you commit a domestic battery (1) with the knowledge you are inflicting great bodily harm to the person, (2) by means of strangulation, or (3) by causing permanent disfigurement or disability, you may be convicted of a Class 2 Felony. A Class 2 Felony could result in up to seven years of imprisonment and up to $25,000 in fines.
If you have been charged with domestic battery in the state of Illinois, you will face serious consequences if you are convicted of a misdemeanor or felony. You may be prevented from seeing your children and orders of protection may prevent you from ever contacting the victim. In addition, domestic violence convictions cannot be sealed or expunged and will remain on your record permanently – hurting your housing and job prospects. Possible defenses to domestic violence include lack of proof, self-defense, and the absence of aggravating factors. Call us at 1-877-335-6697 to speak within minutes with an experienced criminal defense lawyer. You can also e-mail us at our office. We are available to serve clients in Schaumburg, Chicago and the surrounding parts of Illinois.