A domestic battery charge is always very serious. This is true, even though a domestic battery charge is usually not a felony.
Going over the seriousness of a domestic battery charge and how the domestic battery can turn into a felony while speaking with a Chicago domestic battery defense attorney will allow you to protect your rights.
What Is Domestic Violence?
The definition of “domestic violence” is as follows: a situation in which someone knowingly causes physical harm to a family member or household member.
Alternatively, domestic violence is also when someone knowingly makes physical contact with a family or household member in a nonconsensual way that is provocative and insulting in nature.
A family or household member is defined as the following:
- Someone that you are related to.
- A person you are married to.
- A person you were once married to.
- Someone who you used to live within a common dwelling.
- A person you are engaged to.
- A person you are dating.
- Someone you were once dating.
- A person you share a child with.
- A person who has a blood relationship with you and a child you share.
- Someone who is disabled.
- A person who cares for or assists a disabled person.
If you are accused of knowingly causing physical harm to one of the people outlined above, then you can be charged with domestic battery in Illinois.
The above is also true if you are accused of knowingly making physical contact that is inherently provocative and/or insulting to one of the groups of people outlined above.
Is Domestic Violence A Felony?
The answer to the question outlined above is “No, domestic violence is usually not a felony.”
Even though domestic violence is usually not a felony, you can still be:
- Forced to pay a fine that is no more than $2,500.
- Sentenced to a period in jail that will last for no more than 12 months.
Both of these penalties can and will affect your future. And that isn’t even considering the social stigmas that domestic violence often creates, coupled with other related difficulties.
On its own, domestic violence is not a felony. It can turn into one, though, if certain conditions are present.
How Can Domestic Violence Turn Into A Felony?
Domestic battery can turn into a felony if at least one of the following occurs:
- Someone knowingly caused extreme physical harm to a family member or household member.
- Someone knowingly strangled the alleged domestic violence victim.
Regarding the first point, this includes violence that leads to permanent disability and/or disfigurement.
If the above has occurred, then someone can be charged with “aggravated domestic battery.”
And, as the title of this section suggests, aggravated domestic battery is a felony.
The penalties that aggravated domestic battery can lead to are as follows:
- A period of imprisonment that is anywhere from three to seven years.
- A fine that is no more than $25,000.
Both of these penalties are very, very serious. And, if you are charged with aggravated domestic battery, even if you have never been accused/charged with any prior acts of violence, you can lose much of what you’ve worked for.
Get Qualified Legal Help Today
If you need representation for a criminal charge, Glasgow & Olsson is uniquely qualified to help you.
Our team has helped thousands of people who have been charged with crimes in Illinois. When we take cases, we do so to win. This means we take cases to trial. We don’t arrange plea bargains unless it is in the best interest of our clients. As proactive lawyers, we fight aggressively and support our clients throughout their entire case up to and including appeals. Protecting your life and freedom is always the goal, and with our decades of experience practicing law, we know how to get results. This is why we are regularly invited to appear as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox NEWS.
When you need an attorney, experience matters. Speak with a Schaumburg criminal defense attorney today to learn how our experience can get you the results you deserve.