Chicago Domestic Battery Lawyer

Skilled Attorneys in Cook County for Domestic Battery

For many people, learning that they have been accused of domestic violence is one of the worst things that can ever happen to them. Unfortunately, these accusations may stem from misunderstandings, such when neighbors overhear a loud argument and call the police, who then decide to arrest a person who they perceive to be the aggressor in the situation. When these types of arrests occur, a person may be charged with domestic battery, and they will need to determine how to defend themselves against these charges in criminal courts.

Those who are charged with domestic battery or other offenses related to domestic violence will need to make sure they are represented by an attorney. At the Law Offices of James F. DiQuattro, our criminal defense lawyer can provide compassionate representation while taking the necessary steps to protect our client's rights. We can provide guidance on the issues that may be raised during a case and the defense strategies that can be used to avoid a conviction. We can also address other issues that may be involved in a case, such as responding to an order of protection and demonstrating that a person is not a danger to their family members. Our goal is to resolve these matters quickly and effectively while preserving our client's relationships with family and friends and their reputation in the community.

Domestic Battery Charges in Illinois

The offense of domestic battery is similar to other types of assault and battery, with the primary difference being the identity of the alleged victim. If battery has allegedly been committed against a member of a person's family, people who live in their household, a current or former romantic partner, or the other parent of a person's child, charges of domestic battery may apply.

Illinois law specifically defines domestic battery as causing bodily harm to a family or household member or making insulting or provocative contact. That is, a person may be charged with this offense if they knowingly took actions that caused a person to suffer injuries, even if they did not actually intend to cause bodily harm. In addition, making any form of physical contact that could be considered offensive, provocative, or insulting may also result in domestic battery charges. These forms of contact may include poking someone in the chest or arm, pushing someone when walking past them, or slapping someone across the face without leaving any bruises or marks.

In many cases, domestic battery will be charged as a Class A misdemeanor, and a conviction may carry a sentence of up to 364 days in prison and a maximum fine of $2,500. However, if a person has a previous conviction for domestic battery, a violent crime such as first degree murder, a sex crime such as sexual assault, or certain other offenses, domestic battery is a Class 4 felony. A conviction on felony domestic battery charges may result in a prison sentence of one to three years and a maximum fine of $25,000.

Aggravated Domestic Battery

In more serious cases involving accusations that a person inflicted great bodily harm on a family or household member, charges of aggravated domestic battery may apply. Great bodily harm may include any injuries that put a person at risk of being killed, as well as injuries that led to permanent disabilities or disfigurement. Aggravated domestic battery charges may also apply if a person is accused of intentionally strangling or choking a member of their family or household and blocking breathing or circulation by placing pressure on their neck, throat, nose, or mouth.

Aggravated domestic battery is a Class 2 felony, which carries a sentence of three to seven years in jail. If a person receives probation or conditional discharge after being convicted of aggravated domestic battery, they will be required to serve a mandatory term of at least 60 consecutive days in prison. For a second or subsequent offense, a person will face a mandatory sentence of three to seven years, and they could potentially be sentenced to an extended term of seven to 14 years.

Contact Our Chicago Domestic Battery Attorney

Because charges of domestic battery are so serious, it is crucial for anyone who has been arrested and charged with this offense to secure representation from an attorney who has experience with these types of cases. At the Law Offices of James F. DiQuattro, we know how to defend against domestic battery charges, and we are prepared to fight on our client's behalf and ensure that they are treated fairly at all times. To get the legal help you need in these situations, contact our firm at 312-627-9482 and arrange a free consultation.