Aurora Domestic Battery Lawyer
About Domestic Battery – What you need to know!
Domestic Battery is considered one of the most serious misdemeanor violations one can commit. Domestic Battery is Class A Misdemeanor, in which you cannot receive Court Supervision to avoid a conviction. Further, if you are convicted of Domestic Battery, you cannot expunge this offense from your criminal record. If you are currently employed or are seeking new employment, a conviction for Domestic Battery may cause you to lose your job or will preclude you from other employment opportunities. Therefore, it is absolutely critical that you hire an experienced Domestic Battery Defense Attorney who can help you beat your case.
The allegation of Domestic Battery, is that you caused bodily harm or contact of an insulting/provoking nature to a "Family or Household Member".
Pursuant to 725 ILCS 5/112A-3(3):
A "Family or Household Member" is defined as: spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in paragraph (3) of subsection (b) of Section 12-21 of the Criminal Code of 1961."
The applicable Illinois Statute is 720 ILCS 5/12-3.2(a) which states in part:
(a) A person commits domestic battery if he intentionally or knowingly without legal justification by any means:
(1) Causes bodily harm to any family or household member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended;
(2) Makes physical contact of an insulting or provoking nature with any family or household member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended.
Penalties for Domestic Battery in Illinois
The Criminal Charge of Domestic Battery is a Class A Misdemeanor. The maximum penalties for the charge of Domestic Battery, is up to one year in County Jail with Fines and Cost of $2,500.00 or both. In addition, the Presiding Judge in your case can also sentence you to a period of Probation, Domestic Violence Counseling, Anger Management Counseling, Alcohol Counseling, Drug Counseling, and Public Service Work. Additionally, if you are not a citizen of the United States, a conviction for Aggravated Domestic Battery can lead to your deportation. In some cases, if you are charged with Domestic Battery, and you have a prior conviction for Domestic Battery, your charges can be enhanced to Aggravated Domestic Battery which is a Class 4 Felony. Domestic Battery, is considered a "Crime of Violence" and a conviction can adversely affect you for the rest of your life.
Defenses to Domestic Battery in Illinois
In order to prepare a defense to Domestic Battery, an experienced Domestic Battery Defense Attorney will analyze the evidence that the Prosecutor will use to prove their case. There will be certain types of evidence that will determine the strength of the Prosecution's case such as:
- Photographs of any injuries.
- Photographs of the location where the alleged Domestic Battery took place.
- Written statements of the alleged victim.
- Police Reports of the Investigating Officers who arrived on scene.
- Medical records if the alleged victim was taken to the hospital.
- 911 recordings made at the time of the incident.
- Any written or verbal statements made by the accused.
- Any witness statements from individuals that are not from the alleged victim.
- Prior Domestic Battery offenses of the accused.
- Whether there is any evidence that the alleged victim qualifies as a "Family or household member."
In some instances, some counties offer a Diversion program, in which you may be required to attend Domestic Violence Classes and pay all associated costs and fees in exchange for a dismissal of your Domestic Battery charge. If this type of Diversion program is not available, an experienced Domestic Battery Attorney may be able to have your charges dismissed or reduced based on a lack of evidence. If trial is the only option, you may be able to assert a "Self-defense" or "Defense of others" legal defense in your Domestic Battery case. In addition, if the complaining witness is not available to testify or refuses to testify, and is not present in court on the day of trial, your Domestic Battery case may be dismissed due to a reluctant complaining witness. Finally, the Prosecutor has the ultimate burden of proving your case "Beyond a Reasonable Doubt," and must convince a Judge or a Jury that they have met that burden before you can be found guilty of Domestic Battery.
Contact an Aurora Domestic Battery Defense Attorney
Domestic Battery is a very serious criminal offense, one that should be taken very seriously. Prosecutors view Domestic Battery cases as "Crimes of Violence". Crimes of Violence are considered the most serious, because they involve harm to other people, rather than property. A conviction for Domestic Battery can also carry with it very serious consequences, and can irreparably damage your reputation and employment opportunities. I can provide you with advice on how to address your pending Domestic Battery case and can provide you with a plan to protect your freedom and your future. I understand the value of your freedom and the importance of your reputation and I will use my knowledge and experience to secure the best possible results in your case.
To contact a Domestic Battery Defense Attorney at the Law Offices of David Lee, Please call:
(630) 901-8700
The Law Offices of David Lee is available in Kane, Kendall, Dupage and Dekalb Counties