Domestic violence, or domestic battery is the legal of the charge that often occurs when a couple is fighting and the police are called. Most of the time Domestic Battery is a very minimal charge, especially when it is based on scratch marks, hair pulling, or even just one person’s word against the others with no physical evidence. But that doesn’t mean the prosecutors won’t be aggressive. Even cases that don’t seem serious can result in serious penalties.
However, if you are charged with a crime it is very important to speak with one of our defense attorneys to determine the facts of your case and find out what your options are for resolving it.
When police arrive at a domestic violence scene they often decide who is the person at fault based on physical proof and interviews with each family member individually. They will most likely remove the family member they decide is at fault for the physical harm and put them in jail to calm down the situation for the moment.
But that does not at all mean that the police made the right decision, or it was fair. They just made the “safe” decision. And it is our job to fight for you in court, and make sure you get the fair treatment you deserve.
Illinois Domestic Battery Laws
According to Illinois criminal law, Domestic Battery is when a person knowingly or intentionally causes physical harm to a family member. It is also considered Domestic Battery if a person makes insulting or provocative physical contact with a family member against his or her will.
Aggravated Domestic Battery is when the physical harm is so great that it disfigures or disables the family member.
(See Illinois Domestic Battery laws Sec. 12)
Penalties for Domestic Battery in Illinois
How much time could I get for a Domestic Battery Conviction?
Domestic Battery is a Class A Misdemeanor which carries a possible sentence of up to one year in jail and a fine of up to $2,500.
Aggravated Domestic Battery is a Class 2 Felony which carries a possible sentence of up to 7 years in a state penitentiary and/or a fine of up to $25,000.
There are a few circumstances that can make a domestic violence charge more severe. If you have a previous domestic battery conviction, if children were present during the battery, if there was a restraining order in place at the time, or if you have a conviction for one of many other felonies then the domestic violence charge may be more severe.
Depending on the circumstances of your case there may also be mandatory jail time if you are convicted. During a free consultation with one of our experienced attorneys we will help you determine which if any of these situations apply to you and how they affect your case.
What is Interfering with the Reporting of Domestic Violence?
According to Illinois criminal law, interfering with the Reporting of Domestic Violence is when a person prevents or attempts to prevent a family member from making a call to report a domestic violence incident. It also involves the interference with a family member telling a police officer about a domestic violence incident.
How can you help me with an Interfering with the Reporting of Domestic Violence Charge?
This charge is most often seen accompanying a Domestic Violence charge and is often resolved together. Sometimes you may be offered a deal where if you plead guilty to the Domestic Battery charge the interfering with a report charge may be dismissed. That may not be the best option in many cases, however. If you contact one of our attorneys we will be able to give you more personal advice as to your options and the best way to proceed with your case.
Our attorneys have many years of experience defending cases just like yours and we know the best ways of helping you get the best resolution possible.
Penalties for Interfering with the Reporting of Domestic Violence Charge
Interfering with the Reporting of Domestic Violence is a Class A Misdemeanor which carries a possible sentence of up to one year in jail and a fine of up to $2,500.
Confused about Domestic Violence & Domestic Battery Charges in Illinois?
If you are charged with domestic battery or a domestic violence related offense in Illinois courts, contact us to take advantage of our free criminal defense legal consultattion.