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Defending Yourself From A Domestic Battery Charge
posted on 4/14/24

You are not a criminal, and you have not committed any criminal acts. And yet, you are being charged with domestic battery, which is a very serious offense.

Going over what can happen if you are being charged with domestic violence and speaking with a Chicago domestic battery defense attorney at Glasgow & Olsson will allow you to protect your innocence.

What Is Domestic Battery?

The term “domestic battery” refers to an act that involves an individual intentionally or knowingly causing physical harm to either a member of their household or a family member.

Some examples of household and family members within the context of domestic battery are as follows:

  • A spouse.
  • A former spouse.
  • A parent.
  • A grandparent.
  • A sibling.
  • A child.
  • A caretaker.

Other examples exist, although the above are some of the most common.

Outside of those basic facts, domestic battery can only be considered domestic battery if the physical contact is made without a legal justification – self-defense, for example – or is of an insulting or provoking nature. 

Just as an example, if a father intentionally punches their child’s mother in anger, then they are committing an act of domestic battery.

What Are The Consequences Of Domestic Battery?

The consequences of domestic battery are serious.

Someone who commits their first act of domestic battery can be charged with a Class A misdemeanor. This can lead to the following consequences:

  • A maximum sentence of one year in jail.
  • A maximum fine of $2,500.

If someone has been convicted of domestic battery once – or twice, for that matter – in the past, or if they have been convicted of another violent offense, then they can be charged with a Class 4 felony. This can lead to:

  • A sentence of 1 to 3 years in prison.
  • A maximum fine of $25,000.

Someone who is convicted of domestic battery, with three previous convictions for the same crime under their belt, can be charged with a Class 3 felony. And this can lead to:

  • A sentence of 2 to 5 years in prison.
  • A maximum fine of $25,000.

Given the severity of these criminal sentences, a good defense is absolutely essential. 

How Can You Defend Yourself From A Domestic Battery Charge?

The first thing you should do to defend yourself from a domestic battery charge is to contact a criminal defense attorney immediately.

A criminal defense attorney will assess the facts of your case and help you develop an effective defense that is based on those facts.

Some of the ways that a criminal defense attorney will defend you are as follows:

  • Contesting your accuser’s version of events.
  • Demonstrating that your “domestic battery” was, in fact, self-defense.
  • Proving that domestic battery did not occur.

Other defenses can and will be employed, but the above are some of the most notable.

Get The Legal Help You Need

You are innocent of the domestic battery you are being accused of. But, in order to prove this and protect your innocence, you will need representation.

Our criminal defense attorneys at Glasgow & Olsson are uniquely qualified to help. 

When you need an attorney, experience matters. 

Contact one of our Chicago criminal defense attorneys today to learn how our experience can get you the results you deserve.