The state of Illinois takes domestic battery very seriously. You can be convicted of domestic battery, and it may turn out to be a misdemeanor. Or, it may turn out to be a felony. It all depends on the facts of your case.
Going over the “misdemeanor” and “felony” distinctions in a domestic battery case, while speaking with an experienced Chicago domestic violence lawyer, will help you obtain the legal outcome that you deserve.
What Is Domestic Battery?
Domestic battery is when a person knowingly, and without any legal justification, does at least one of the following:
- Causes bodily harm to any household or family member.
- Makes physical contact of an insulting or provoking nature with any household or family member.
Just as an example, if someone throws a plate of food at their spouse’s face, this would be considered domestic battery.
In order for domestic battery to be charged as such, the act must be directed towards one of the following groups:
- People who allegedly have a child in common.
- A spouse or former spouse.
- Children or stepchildren.
- People who used to be engaged.
- People who used to date.
- Disabled people and the assistants they rely on.
- Parents or parents who used to share the same home.
If an act of violence is directed towards someone who cannot be considered a family or household member, it will not be charged as domestic battery.
When Is Domestic Battery Charged As A Misdemeanor?
Domestic battery is primarily charged as a misdemeanor. And, with this misdemeanor charge, you run the risk of spending up to one year in jail. You may also be forced to pay a fine of no more than $2,500.
Your domestic battery accuser could file a civil claim against you. By doing so, you may be forced to pay for their medical bills and pain and suffering, among other quantifiable damages.
The state of Illinois takes domestic battery very seriously and, for this reason, a conviction comes with a permanent criminal record. This criminal record can prevent you from getting a job and obtaining housing, among other things.
When Is Domestic Battery Charged As A Felony?
Even though domestic battery is often charged as a misdemeanor, it can be charged as a felony if certain criteria are met.
The exact criteria that lead to domestic battery being charged as a felony depend on the case.
They often involve things like the following: prior convictions, significant bodily harm, and violating an order of protection.
Just as an example, if someone accuses you of seriously injuring their internal organs, this could elevate your case to a felony. Or, if you have been convicted of domestic battery in the past, this could also elevate your charges.
The penalties for felony domestic battery can lead to you spending anywhere from one to three years in prison, all while being forced to pay a fine of up to $25,000.
Every domestic battery allegation is very serious. You must work with a domestic battery attorney who can help you if you are facing domestic battery allegations.
Get Qualified Legal Help Today
You have a future that deserves to be defended. We at Glasgow & Olsson will fight for the future you deserve.
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.
If you’re facing a domestic battery matter in Illinois, let the team at Glasgow & Olsson take care of it.
Our firm was built on trust. And we stand by that trust in every courtroom, for every client, in every moment.
Speak with a Chicago criminal defense attorney today to learn how we can get you the results you deserve.