Domestic Battery in Illinois

Posted on July 21st, 2020 by Laura Peters

Domestic battery is a serious crime in Illinois. As we’ll discuss below, a domestic battery conviction can have significant consequences for you and your future. As such, it’s best to speak with an attorney about domestic battery charges. The experienced criminal defense lawyers in Lockport, Illinois at Giannola Legal LLC offer free, no time limit consultations.

What is Domestic Battery?

Just like an ordinary battery charge, domestic battery involves a harmful or offensive contact with another person. This can include anything from shoving to punching to spitting. What makes domestic battery different is the identity of the alleged victim – if the victim is a family or household member, then it may be charged as a domestic battery.

Under Illinois law, the term “family or household member” is interpreted fairly broadly. It includes traditional blood and marriage relationships like spouses, parents, siblings, and children, as well as people you currently live with. It also includes more tenuous relationships like ex-spouses, ex-girl/boyfriends, and former roommates.

Consequences of a Domestic Battery Conviction

Domestic battery is generally charged as a Class A misdemeanor in Illinois. However, any prior convictions for domestic battery can aggravate the charge all the way up to a Class 2 felony. That means, depending on the number of prior convictions for domestic battery you have, you could spend anywhere from 1 to 7 years in prison if found guilty.

It’s also important to note that domestic battery convictions are treated differently from other misdemeanors and felonies both during and after sentencing. For many misdemeanors, the judge has the power to sentence you to court supervision, which, if successfully completed, acts as a delayed dismissal of the charge and it will not appear on your record. But a domestic battery charge is not eligible for court supervision – if found guilty, you will be convicted. Furthermore, pursuant to Federal law, anyone who has a conviction for Domestic Battery is forever barred from owning or possessing a firearm.

Moreover, you cannot expunge or seal a domestic battery conviction from your record. The conviction will stay with you forever. That’s why it’s crucial to consult an attorney if you’re facing domestic battery charges. The criminal defense lawyers in Lockport, Illinois at Giannola Legal LLC have the knowledge and experience to help you get the best result possible in your domestic battery case.

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