Dupage County Domestic Battery Lawyers
If someone is charged with Domestic Battery, it is a Class A misdemeanor. This means that the person could be sentenced to up to 364 days in the DuPage County Jail. In addition, the charge of Domestic Battery, in Illinois, carries a mandatory criminal conviction. A person found guilty of Domestic Battery is not eligible for Court Supervision (which would mean no criminal conviction). A Domestic Battery conviction can never be expunged or sealed from a person’s criminal record.
The consequences for a Domestic Battery conviction are very harsh!
Thankfully, the vast majority of people who contact our office, for help on Domestic Battery cases, end up not being convicted!
Other types of punishment associated with this crime include significant fines or an order of protection to stay away from the other party involved. In order to be charged with domestic battery, the person would cause harm to another or make some kind of contact that involves provocation or insults. The act can be toward a family member or another member of the home who is not related to the person who has been charged.
Common Acts Of Battery
Those who have charged with domestic battery that involves bodily harm have usually committed some kind of physical attack, such as kicking, hitting, pinching, or choking. Anything that involves touching another person can be considered bodily harm if the other person did not ask to be touched. An injury does not have to result in order to be charged with battery. Someone can spit on another person or making insulting remarks to another person and be charged.
Common victims of domestic battery include spouses, parents, and children. Grandparents, uncles and aunts, siblings, other blood relatives, and those who have been in a domestic relationship with the person can be considered victims. Roommates can also be considered victims as long as they lived in the same home as the person who committed the act of battery.
Even though domestic battery is considered a misdemeanor for most people who are charged, there are still penalties that are often put in place. The person could spend up to a year in jail and could have to pay up to $2,500 in fines. Jail usually isn’t a sentence that is ordered, but if the person has a history of committing violent acts or any other type of criminal history, then it could be considered. Counseling classes pertaining to domestic violence could be ordered as well as an order to stay away from the victim. If there are past violations of protection orders, then the person could be ordered to spend time in jail. It could also result in a felony charge instead of a misdemeanor. If jail time is ordered, then it’s usually at least 60 days up to seven years depending on the circumstances. If there are four or more convictions of the same type of charge, then the crime is usually raised to a Class 2 felony and is punishable by more time in jail.