If you have been arrested for aggravated domestic battery contact Gus Kostopoulos and the Kostopoulos Law Group. As a former prosecutor, Gus understands how the state will approach these serious criminal charges. He will use this insight and experience to aggressively fight on your behalf and minimize the consequences of your arrest.
Aggravated domestic battery is a serious offense and it is important to understand the potential consequences of this crime. A conviction for aggravated domestic battery can land you behind bars, require you to register as a sex offender and limit your ability to own a firearm. You could also be prohibited from seeing your family and even living in your own home. You can limit the likelihood of these effects by hiring an experienced Chicago domestic violence attorney to handle your case.
At the Kostopoulos Law Group, our Chicago attorneys have more than three decades of combined legal experience. We have successfully handled thousands of complex criminal matters and helped our clients achieve positive results. Contact our office today to learn more about how we can help you fight criminal charges for aggravated domestic battery.
Aggravated Domestic Battery
Crimes of domestic violence occur when you cause physical harm to a member of your household or family. Victims of domestic violence can include:
- Spouse or former spouse;
- Dating partner;
- Parent of a child;
- Roommate or former roommate; and
- Elderly family member’s caretaker.
You can be charged with aggravated domestic battery, as defined in 720 ILCS 5/12-3.3, if you commit a domestic battery and:
- Knowingly and intentionally cause great bodily harm, permanent disability, or disfigurement; or
- Strangle your victim.
Strangulation, for the purposes of aggravated domestic battery, means “intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.”
The prosecution will be required to establish, beyond a reasonable doubt, that you are guilty of these aggravating factors. They will present any facts, evidence, and/or testimony that supports their claim. This can include witness/victim testimony, photographs, medical reports, and expert witness analysis. The prosecution can use a combination of circumstantial and direct evidence to prove their case. It will be important to discredit their witnesses and evidence. Your Chicago criminal defense attorney will present evidence and facts that are helpful to your case and that serve to weaken the prosecution’s argument.
Penalties for Aggravated Domestic Battery
When the crime of domestic battery is aggravated the potential criminal consequences become more severe. The specific penalties you may face will depend on an analysis of mitigating (helpful) and aggravating (harmful) factors. Factors that are most relevant in this determination include the extent of the harm suffered by the victim and your prior criminal record.
Aggravated domestic battery is a Class 2 Felony in Chicago. If you are convicted of aggravated domestic battery you could be sentenced to probation, 3-7 years in an Illinois state prison, and/or be required to pay fines of up to $25,000. Subsequent convictions for aggravated domestic battery carry a mandatory term of imprisonment of at least 3 years.
In addition to prison and steep monetary fines, a conviction for aggravated domestic battery will have serious non-criminal consequences. These consequences, which will limit your ability to live a normal life, can include:
- Inability to find gainful and meaningful employment;
- Inability to rent an apartment or purchase a home;
- Loss of gun ownership rights;
- Loss of child custody;
- Mandatory counseling;
- Restrictions on the ability to visit certain locations; and
- Inability to participate in government welfare programs.
Many times, you will be served with an order of protection that will significantly restrict your ability to see your family, live in your home, and travel around your neighborhood. Violating this order of protection can trigger additional criminal charges and penalties.
Defenses to Aggravated Domestic Battery
If you have been charged with aggravated domestic battery in Chicago it is important to argue any defense that may apply to your situation. Hiring an attorney to argue these defenses will increase your chances of achieving a positive outcome in your criminal case. Defenses to aggravated domestic battery can include:
- False accusation;
- Mistaken identity;
- Lack of intent;
- Insufficient evidence;
- Violation of your Constitutional rights.
Experienced Chicago Aggravated Domestic Battery Attorneys
Have you been accused of aggravated domestic battery in Chicago? If so, do not hesitate to contact the Kostopoulos Law Group. Early intervention in domestic violence issues can make or break your case. Our attorneys will consult with the State’s Attorney early on in the criminal proceedings and fight to minimize the consequences of your arrest. This aggressive approach often results in securing reduced or dismissed criminal charges for our clients.
The prosecution will begin to build a case against you the moment you are arrested. They will attempt to take advantage of your limited understanding of the law and trick you into saying something harmful. Do not speak with police or prosecutors until you have consulted with your attorney. Contact our office today to set up a free consultation. We will review your alleged crime, explain your legal rights, and answer the questions you have. The decisions you make today will affect your future. It is important to act quickly, so call us today.