Aurora Aggravated Domestic Battery Lawyer
About Aggravated Domestic Battery – What you should know!
Aggravated Domestic Battery is considered a "Crime of Violence" and is a very serious felony. Aggravated Domestic is Class 4 Felony. Further, if you are convicted of Aggravated Domestic Battery, you cannot expunge this offense from your criminal record. If you are currently employed or are seeking new employment, a conviction for Aggravated 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 Aggravated Domestic Battery Defense Attorney who can help you beat your case.
The allegation of Aggravated 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:
(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.
Pursuant to Illinois Statute, 720 ILCS 5/12-3.2(b), Misdemeanor Domestic Battery can be enhanced to Felony Aggravated Domestic Battery if you have a prior conviction for any one of the following criminal offense:
- Domestic battery
- Violation of an order of protection
- First degree murder
- Attempt to commit first degree murder
- Aggravated domestic battery
- Aggravated battery
- Heinous battery
- Aggravated battery with a firearm
- Aggravated battery of a child
- Aggravated battery of an unborn child
- Aggravated battery of a senior citizen
- Aggravated stalking
- Criminal sexual assault
- Aggravated criminal sexual assault
- Aggravated kidnapping
- Predatory criminal sexual assault of a child
- Aggravated criminal sexual abuse
- Unlawful restraint
- Aggravated unlawful restraint
- Aggravated arson
- Aggravated discharge of a firearms
Penalties for Aggravated Domestic Battery in Illinois
The Criminal Charge of Aggravated Domestic Battery is a Class 4 Felony. The maximum penalties for the charge of Aggravated Domestic Battery, is between one to three years in the Illinois Department of Corrections and Fines and Cost of $25,000.00 or both. Aggravated Domestic Battery is a probationable offense, and the Presiding Judge in your case can sentence you to a period of Probation, Domestic Violence Counseling, Anger Management Counseling, Alcohol Counseling, Drug Counseling, and Public Service Work in lieu of prison. A conviction for an Aggravated Domestic Battery committed in the presence of children (Under the age of 18) has a mandatory minimum sentence of 10 days in County Jail or 300 hours of community service work. Finally if you are not a citizen of the United States, a conviction for Aggravated Domestic Battery can lead to your deportation.
Defenses to Aggravated Domestic Battery in Illinois
In order to prepare a defense to Aggravated Domestic Battery, an experienced Aggravated 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 Aggravated 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 or other criminal history of the accused.
- Whether there is any evidence that the alleged victim qualifies as a "Family or household member."
An experienced Aggravated 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 Aggravated 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 Aggravated 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 Aggravated Domestic Battery.
Contact an Aurora Aggravated Domestic Battery Defense Attorney
Aggravated Domestic Battery is a very serious criminal offense, one that should be taken very seriously. Prosecutors view Aggravated 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 Aggravated 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 Aggravated 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 an Aggravated Domestic Battery Defense Attorney at the Law Offices of David Lee, Please call:
The Law Offices of David Lee is available in Kane, Kendall, Dupage and Dekalb Counties