Arrested for Domestic Battery in Illinois?
Domestic violence allegations are serious. In Illinois, even a minor argument can result in a night in jail, a criminal charge, and an emergency order of protection. A conviction can impact your family, career, custody rights, and freedom. If you’re accused of domestic battery or any form of domestic violence, it is likely in your best interest to retain an experienced Illinois criminal defense attorney immediately.
What Is Domestic Battery in Illinois?
In Illinois, domestic battery occurs when a person knowingly:
Causes bodily harm to a family or household member, or
Makes physical contact of an insulting or provoking nature with a family or household member
This includes spouses, ex-spouses, current or former romantic partners, co-parents, roommates, and certain relatives. You can be charged even if there are no visible injuries, and even if the alleged victim doesn’t want to press charges.
Penalties for Domestic Battery in Illinois
Domestic battery is a Class A misdemeanor, punishable by:
Up to 1 year in jail
Up to $2,500 in fines
Mandatory domestic violence counseling or treatment
A permanent criminal record
Loss of firearm rights
If you have a prior domestic battery conviction, the charge becomes a Class 4 felony.
Aggravated domestic battery (720 ILCS 5/12-3.3) is a Class 2 felony and includes situations involving:
Strangulation
Use of a weapon
Serious bodily injury
Repeat offenses
Defenses Against Domestic Battery Charges
Not every accusation is truthful, and not every argument should result in a criminal record. Good attorneys investigate the facts and pursue all available defenses, such as:
Self-defense or defense of others
False accusations made out of jealousy, revenge, or custody strategy
Lack of physical contact
Insufficient evidence or lack of credible witnesses
Mutual combat (both parties were involved)
No intent to cause harm
We also advocate for resolutions that avoid jail and a conviction, including amended charges, conditional discharge, or pretrial diversion where available.
217 Law Attorneys
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Courtney Anderson
Courtney practices criminal defense, family law, and personal injury. Never shy of a difficult or high-profile case, she has won numerous awards for her advocacy, including recently being selected as a finalist for top lawyer in Macon County.
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Fallon Conner
Fallon practices criminal defense and family law. As a former prosecutor, she has unique insight into the criminal justice system. She enjoys being in the courtroom and has a great track record of success in bench and jury trials.
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Zach Anderson
Zach focuses on helping injured clients with workers compensation, personal injury, and products liability claims. He has successfully resolved multiple single-party injury cases for over $1 million, and has helped recover millions for users of bad products.
We want to work with you.
Phone:
217-217-0217
Address:
132 S. Water St., Suite 628. Decatur, IL 62523
Email:
info@217law.com
Where We Work:
We help clients throughout the 217 area code with injury claims and general civil litigation. We practice criminal defense and family law in Macon and surrounding counties.