Aggravated Domestic Battery Lawyers
Domestic violence is one of the most common forms of violence in the United States. Many people think that their relationships are immune, but violence can happen to people of all backgrounds. By legal definitions in Illinois, domestic battery is the charge when someone causes bodily harm to another member of the household. This harm must be knowingly made, and it must be without legal justification. To clarify, the harm does not have to come to a family member. Anyone who is living in the house qualifies. This harm must include physical contact with the intention to insult or provoke.
Domestic battery is usually a misdemeanor charge. However, in some cases, domestic battery can be elevated to a felony charge. A felony has far more serious repercussions. One of the more common advanced charges is known as aggravated domestic battery.
Aggravated domestic battery also involves situations when bodily harm is inflicted on a household member. However, in order for the crime to be aggravated, several additional conditions must be met. Aggravated domestic battery involves violence that causes significant bodily harm, permanent disability or disfigurement. This means that the injuries incurred are more substantial than in a normal domestic battery case.
Illinois law then specifies that strangulation is considered aggravated domestic battery. Strangulation is defined as intentionally limiting the other person’s ability to breathe. This can also include limiting the circulation of blood to the brain. Strangulation can be caused by applying pressure to the neck or throat. Alternatively, it can be caused by blocking the nose or mouth.
Because aggravated domestic battery is a more serious offense, the sentencing is more serious as well. As a felony, someone convicted of aggravated domestic battery faces much stiffer penalties. Individuals convicted of this charge must serve a mandatory term in prison of at least 60 days. If this is a second offense, the mandatory imprisonment is even longer. Normal prison terms for aggravated domestic battery are between three and seven years. However, extended terms may be used in some cases. These terms are at least seven years in length. The maximum sentence is 14 years. Probation and other conditional discharges may be considered in some cases. However, the minimum prison terms must be met before probation is considered.
Someone convicted of aggravated domestic battery may be stripped of his or her right to bear arms. This means that the individual may no longer be able to legally own, possess, transport, ship or receive a firearm. This would also cover ammunition. This stipulation was incorporated after the Gun Control Act of 1968, which is federal legislation. If the conviction results in a loss of this right, it will be noted during the court proceedings. It will be explained orally or in writing with significant weight. Official notification will be added to the court file for record keeping purposes.
Aggravated domestic battery is a charge that can change your life. Get legal support you trust with Kostopoulos Law Group today.