Domestic Battery

The criminal defense attorneys at The Davis Law Group, P.C. represent clients charged with domestic battery in the Chicago Area including Cook County, Lake County and DuPage County.

Under 720 ILCS 5/12-3.2, domestic battery occurs when a person knowingly causes bodily harm or makes physical contact of an insulting or provoking nature with any family member or household member.

Domestic battery is similar to the offense of simple battery, however, the alleged victim of domestic battery must be a family or household member.

Unlike simple battery, you cannot be sentenced to court supervision for domestic battery under Illinois law. If you enter a plea of guilty to this offense, or if you are found guilty after trial, you are not eligible to be sentenced to court supervision. Court supervision is a non-conviction disposition, which prevents the offense from appearing on your public record as long as all conditions are completed successfully.

Because of this important distinction, your criminal defense attorney may seek to obtain a reduction of the charge tosimple battery so that you may then be eligible for a sentence of court supervision.

Generally, domestic battery is charged as a Class A misdemeanor, punishable by up to 12 months in jail and a $2,500.00 fine. However, this offense may be charged as a felony if you have prior convictions for domestic battery as follows:

• Domestic battery is charged as a Class 4 felony if you have one or two prior convictions for domestic battery.
• Domestic battery is a Class 3 felony if you have three prior convictions for domestic battery.
• Domestic battery is a Class 2 felony if you have four or more prior convictions for domestic battery.

Domestic battery may also be charged as a felony if you have a violation of an Order of Protection or if you have prior convictions for any of the following offenses (when the offense was committed against a family or household member): first degree murder, attempt to commit first degree murder, aggravated domestic battery, aggravated battery, heinous battery, stalking, aggravated stalking, criminal sexual assault, aggravated criminal sexual assault (Section 11-1.30 or 12-14), kidnapping, aggravated kidnapping, aggravated criminal sexual abuse, unlawful restraint, aggravated unlawful restraint, aggravated arson, or aggravated discharge of a firearm.

In addition to any other sentencing alternatives, for any second or subsequent conviction of violating this law, you face a mandatory minimum of 72 consecutive hours of imprisonment. The imprisonment is not subject to suspension and you are not eligible for probation in order to reduce the sentence.

Of course, if there is a defense to this charge, the matter should be taken to trial. Under various circumstances, the alleged victim may decide not to prosecute or will fail to appear in court.

Contact our domestic battery defense lawyers today if you have been charged with domestic battery in Illinois. Our attorneys have successfully defended domestic battery cases throughout Cook County, Lake County and DuPage County.