If you are facing domestic violence charges, you may know that a conviction could irreparably affect your life in many ways.
Domestic violence-related offenses are serious crimes and there are severe consequences for individuals who are convicted on these charges, including separation from family and friends and restrictions on basic rights and freedoms enjoyed before the conviction. However, depending upon the circumstances that led to the charges, there may be options available to minimize the negative consequences, such as plea negotiations, treatment programs, suspended sentencing, or reduced sentences. Rolling Meadows Criminal Defense Lawyer Gbenga Longe understands all of the options that may be available to defendants who are charged with domestic violence and she can help you pursue the best possible outcome in your criminal case.
CRIMINAL DOMESTIC VIOLENCE
Domestic violence is a category of criminal offenses that may be charged when the purported victim and the alleged perpetrator are members of the same family or household. Since there are many definitions of the word “family” and multiple definitions of the word “household,” it is important to understand to which category of parties the domestic violence laws in Illinois apply. According to the Illinois Domestic Violence Act, 750 ILCS 60/101 et seq., blood relatives or relatives by marriage, such as spouses, children, and stepchildren, are considered family or household members. In addition, former spouses, people who have a child in common, people who presently share or who previously shared a living space, individuals who are dating or engaged, and disabled individuals and their caregivers are all considered family or household members.
CRIMINAL DOMESTIC VIOLENCE
The Illinois Comparative Statutes recognize several types of domestic violence offenses, including the following:
- Domestic battery – Occurs when a person intentionally causes bodily harm to a family or household member;
- Aggravated domestic battery – A form of the domestic battery during which the alleged perpetrator strangles the purported victim or causes great bodily harm, permanent disability, or disfigurement;
- Interfering with the reporting of domestic violence – Occurs when an alleged perpetrator of domestic violence prevents or attempts to prevent the purported victim or someone who witnessed the act of violence from reporting it to the police, calling 911, or obtaining medical attention; and
- Violation of a protective order – Occurs when an individual does or fails to do something as prescribed by an Order of Protection that applies to them, such as failing to move out of the petitioner’s residence or harassing the petitioner.
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CONSEQUENCES OF CONVICTION
If you are convicted of a domestic violence offense, you may have to go to jail, pay a fine, or both. The potential consequences of the aforementioned domestic violence offenses are as follows:
- Domestic battery and interfering with the reporting of domestic violence are Class A misdemeanors, which are punishable by less than a year in jail and a fine of twenty-five hundred dollars ($2,500.00) or less;
- Aggravated Domestic Battery is a Class 2 felony, which will result in at least 60 days of imprisonment as part of any sentence that includes probation or conditional discharge or a minimum sentence of three years for anyone who has a previous conviction for aggravated domestic battery;
- Non-aggravated domestic battery is charged as a Class 4 felony when the defendant has a prior conviction for domestic battery, violating an order of protection, or some other violent crime where the victim was a family or household member. If a person is convicted of a Class 4 felony, he may be sentenced to up to six years in prison and fined up to twenty-five thousand dollars ($25,000.00); and
- Violating a protective order is a Class A misdemeanor unless the respondent has a prior conviction for violation of a protective order, domestic battery, or a violent crime against a family or household member. In those situations, it is a Class 4 felony.
Chicago Criminal Domestic Violence Attorney FAQs
Q. What is domestic battery under Illinois law? Consult a Chicago Criminal Domestic Violence Attorney.
A. Under Illinois law (720 ILCS 5/12-3.2), domestic battery occurs when a person knowingly and without legal justification causes bodily harm to a family or household member or makes physical contact of an insulting or provoking nature with such a person. Family or household members include spouses, former spouses, parents, children, stepchildren, persons sharing a dwelling, those with a child in common, dating partners, and others as defined in the statute. The Chicago DUI Attorneys, experienced in handling these sensitive cases in Chicago, can review the specifics of your situation, challenge the evidence, and build a strong defense to protect your rights and future in Cook County courts.
Q. What are the penalties for a first-time domestic battery charge in Chicago, IL?
A. A first-time domestic battery charge in Illinois is typically classified as a Class A misdemeanor, punishable by up to 364 days in jail, fines up to $2,500, probation, and other conditions such as counseling or anger management programs. Even without jail time, a conviction can lead to a criminal record affecting employment, housing, and family matters. A Chicago Criminal Domestic Violence Attorney from The Chicago DUI Attorneys can explore defenses like lack of probable cause, self-defense, or false accusations to seek dismissal, reduction to a lesser charge, or acquittal and minimize long-term consequences.
Q. Can domestic battery charges be dismissed in Chicago? Ask a Chicago Criminal Domestic Violence Lawyer.
A. Yes, many domestic battery charges in Chicago can be dismissed or reduced if there are issues with evidence, such as inconsistent statements, lack of physical proof, improper police procedures, or evidence of motive for false reporting. Prosecutors often drop or amend charges when the defense demonstrates reasonable doubt. The Chicago DUI Attorneys thoroughly investigate police reports, witness statements, and any available video or communication records to aggressively pursue dismissal or favorable plea options in Cook County domestic violence cases.
Q. What happens if there is a prior conviction for domestic battery in Illinois?
A. With one or two prior domestic battery convictions, a new charge can be elevated to a Class 4 felony under 720 ILCS 5/12-3.2, carrying 1-3 years in prison and fines up to $25,000. Three or more priors can result in a Class 3 felony with harsher penalties. Additional mandatory minimum jail time applies for subsequent offenses. The Chicago Criminal Domestic Violence Attorneys at The Chicago DUI Attorneys can challenge prior convictions' applicability, negotiate reductions, or fight the current charge to avoid felony classification and severe sentencing impacts.
Q. How does an order of protection affect a domestic violence case in Chicago?
A. An order of protection (restraining order) in Illinois can be issued alongside criminal domestic violence charges, restricting contact, requiring the accused to stay away from the home or certain locations, and prohibiting harassment. Violating an order can lead to new felony charges. The Chicago DUI Attorneys assist clients in responding to petitions, contesting allegations at hearings in the Cook County Domestic Violence Division, and seeking modifications or dismissals while defending the underlying criminal case.
Q. Can I fight a domestic violence charge if it was mutual combat or self-defense in Chicago?
A. Yes, self-defense or mutual combat can be strong defenses in Chicago domestic violence cases if evidence shows reasonable fear of harm and proportionate response under Illinois law. Police often arrest the primary aggressor, but thorough investigation can reveal mutual involvement or false claims. A Chicago Criminal Domestic Violence Lawyer from The Chicago DUI Attorneys gathers witness accounts, medical records, photos, and other evidence to present a compelling self-defense argument and seek acquittal or charge reduction.
Q. Will a domestic violence conviction affect my gun rights in Illinois?
A. Yes, a conviction for domestic battery or similar offenses can result in loss of firearm rights under both Illinois and federal law, including prohibitions on possessing firearms if the conviction involves domestic violence elements. This restriction is often permanent. The Chicago DUI Attorneys can evaluate your case for ways to avoid conviction, pursue expungement or sealing where eligible later, or mitigate impacts on your rights and livelihood in the Chicago area.
Q. What should I do if arrested for domestic violence in Chicago? Contact a Chicago Criminal Domestic Violence Attorney.
A. If arrested for domestic violence in Chicago, remain calm, exercise your right to remain silent, and request an attorney immediately. Avoid discussing the incident with police or the accuser, as statements can be used against you. An emergency order of protection may already be in place. The experienced team at The Chicago DUI Attorneys can arrange prompt release if possible, review bond conditions, challenge no-contact orders, and begin building your defense right away to protect your freedom and reputation.
Q. How can a Chicago Criminal Domestic Violence Lawyer help with false accusations?
A. False accusations in domestic violence cases are unfortunately common, often arising from custody disputes, relationship breakdowns, or other motives. A skilled attorney investigates inconsistencies, gathers contradictory evidence like text messages, emails, or alibis, and cross-examines witnesses to expose fabrication. The Chicago DUI Attorneys have successfully defended clients against unfounded claims in Chicago courts, working to secure dismissals, not guilty verdicts, or favorable resolutions to clear your name.
Q. What are the long-term consequences of a domestic violence conviction in Chicago? Consult a Chicago Criminal Domestic Violence Attorney.
A. A domestic violence conviction in Chicago can lead to a permanent criminal record, employment barriers (especially in fields requiring background checks), housing denials, immigration issues, loss of professional licenses, child custody complications, and firearm prohibitions. Even misdemeanors carry stigma and may escalate future penalties. The Chicago DUI Attorneys provide comprehensive defense strategies to avoid conviction where possible, explore diversion programs, or pursue post-conviction relief to minimize these lifelong effects and help you move forward.
Contact The Chicago DUI Attorneys for a confidential consultation about expungement or sealing your record in Chicago, Illinois. Call our office at 708-787-3412.
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