How Is Aggravated Domestic Battery Charged in Illinois?

 Posted on February 26, 2021 in Criminal Defense

Many people think assault and battery are one and the same. However, under Illinois law, they are two separate offenses. The crime of assault in Illinois refers to intentional actions that cause a person to feel afraid of impending violence. Battery in Illinois consists of insulting or provoking physical contact, including intentionally pushing or harming someone, such as hitting and injuring them with a dangerous object. Domestic battery is when battery is committed against a family or household member, such as a spouse, intimate romantic partner, or child. If certain conditions are present during the commission of this crime, it may be classified as aggravated domestic battery, which carries significant penalties if convicted. 

Aggravating Factors Elevate the Punishments

Aggravated battery is typically classified as a misdemeanor even though it is more serious in nature than simple assault or battery. However, it may be charged as a felony depending on the circumstances of the case. Factors that make the crime aggravated include:

• Committing assault or battery with a firearm

• Disguising themself with a mask or hood

• Committing the act against victims of certain ages or occupations (children or public safety personnel)

• Committing the act in specific locations (schools, churches)

It is important to note that there are two types of aggravated domestic battery offenses:

1. Strangulation

2. Great bodily harm that causes disfigurement, or permanent disability 

If a defendant receives probation for aggravated domestic battery, he or she must serve at least 60 days in jail. After two or more convictions for domestic battery, probation is not an option for sentencing. Aggravated domestic battery is a Class 2 felony, which can carry a prison sentence of 3-7 years. Depending on the details of the case, a judge can order an extended term, which ranges from 7-14 years in jail. With this type of crime, the prosecution must prove intent, which can be difficult to do. In some cases, a person may be falsely accused by a bitter spouse or lover. In other scenarios, a defendant may have acted in self-defense and therefore may be legally justified in committing domestic battery while defending himself or herself.

Contact a Will County Criminal Law Attorney

Any charges of domestic abuse are taken seriously in the state of Illinois, but aggravated charges can result in severe penalties. If you are facing time behind bars due to an alleged crime of battery, it is essential that you secure professional legal counsel. You need a diligent Joliet criminal defense lawyer from McNamara Phelan McSteen, LLC to help protect your rights and avoid a conviction if you were wrongfully accused. To schedule your free consultation, call our office today at 815-727-0100. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&SeqStart=21300000&SeqEnd=23200000