Defending You Against Assault and Battery Charges in Illinois
Being charged with assault and battery in Illinois can be an intimidating experience, but it does not have to end in jail time and a lifetime record as a convicted criminal.
Whether charges were the product of a misunderstanding or an argument that turned physical, you can turn to Madelyn Daley & Associates for the strong defense you need. At our firm in Belleville, our lawyers are passionate about standing up for people when the government accuses them of criminal activity.
The Legal Definition of Domestic Battery in Illinois
Many are familiar with the term domestic battery as shown on the local news or crime shows, but in reality, the definition of domestic violence is a legal one and is determined by each state. According to Illinois state statutes (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2) a person commits domestic battery if he or she knowingly without legal justification by any means:
(1) causes bodily harm to any family or household member;
(2) makes physical contact of an insulting or provoking nature with any family or household member.
You Need an Aggressive Defense Against Battery Charges
A conviction of assault, battery, or domestic violence can impact your life in more ways than you might think.
Most people only think about the fines and jail time that are associated with a criminal conviction, but the consequences can reach much further than that. A conviction could impact your rights as a parent, as well as your ability to own a gun or even get a job.
Our experience gives us the ability to quickly see holes in the government’s case. We carefully analyze the testimony of eyewitnesses and the statements of the accuser. If the government has made any mistakes in its work, we will immediately find a way to use these to benefit clients.
What Is The Sentence for Domestic Battery in Illinois?
Without any priors, a domestic assault offense is a Class A misdemeanor. Class A misdemeanors are the highest class of misdemeanors and usually fall into the category of having an aggravating factor. The penalties for Class A misdemeanors include up to one year in jail and a fine of up to $2,500. There is a minimum fine of $75. It’s also possible that the accused will face up to two years of court supervision or probation.
Is Domestic Battery a Felony in Illinois?
Domestic battery or domestic assault by itself is not a felony. But it can quickly become one in certain circumstances. If any of the following occurs, the domestic battery is considered a Class 4 felony:
- The accused has any prior conviction for violating an order of protection, or any other conviction for a similar offense
- The accused has a prior conviction for first-degree murder or attempt at first-degree murder, any aggravated battery, stalking, sexual assault, kidnapping, unlawful restraint, or other similar offenses against his family
- The accused has one or two prior convictions for domestic battery
Domestic battery in Illinois can also be a Class 3 or Class 2 felony, depending on how often the person has been convicted. Instead of facing a fine and jail time for a Class A misdemeanor, the accused could be imprisoned for several years.
An Arrest Does Not Equal a Conviction. Contact a Proven Defense Lawyer Now.
We will assess your case in a free phone consultation. To speak with one of our skilled attorneys, call our Belleville office at 618-297-8365 or send an email. We practice throughout the region, including Madison County, St. Claire County, Monroe County, Randolph County, Clinton County, Dab County, and Montgomery County.