A felony domestic battery conviction in Illinois can lead to you spending several years in prison.
By going over the two key defenses you can use in a felony domestic battery case and speaking with a Schaumburg criminal defense lawyer, you can protect yourself.
What Is Felony Domestic Battery?
Domestic battery is a situation in which one of the following occurs:
- Someone knowingly causes physical harm to a family or household member.
- Someone knowingly makes physical contact with a family or household member in a provocative/insulting way.
A good example of domestic battery is someone punching their spouse.
On its own, without any enhancers, domestic battery is a misdemeanor. And, if someone is charged with a misdemeanor, they face up to a year in jail, as well as a fine of $2,500.
Even though the above is true, domestic battery can turn into a felony if one of the below enhancers is true:
- Someone has been convicted of domestic battery in the past, making this their second offense.
- Someone caused extreme physical harm or strangled the person that they allegedly battered.
Regarding the first point, if someone has been convicted of domestic battery just once in the past, then their second offense can be charged as a felony. This, too, is true of further domestic battery offenses.
The second point refers to severe physical harm, such as permanent disability and disfigurement. If an act of domestic battery has led to these conditions, among other things, then it can be charged as a felony.
What Are The 3 Key Defenses You Can Use In A Felony Domestic Battery Case?
Every single one of the defenses outlined below can be used to protect your innocence in a felony domestic battery case.
No matter the defense you use, it is of the utmost importance that you work with an attorney. By working with an attorney, you can use the right defense in the proper way, making it easier for you to obtain the right outcome.
Defense 01: You Were In Danger
If the facts surrounding the allegations show that you were in danger, then you can, within reason, defend yourself.
You can use this fact as your defense. To do so, you and your attorney must demonstrate that you were in danger and that the actions you took were necessary to defend yourself.
Even if these actions led to disfigurement or disability, if they were necessary to defend yourself, you can protect yourself from a felony domestic battery charge as long as you were not the aggressor.
Defense 02: You Did Not Commit Domestic Battery
You can be falsely accused of domestic battery. Depending on the claims that have been made against you, the accusations you are facing can lead to a felony domestic battery charge. While there are many valid domestic violence complaints, people can and do make false claims of domestic violence. People have made these false claims in the past because they are upset with the other person, they are trying to gain custody of a child, or they think it will give them the upper hand in a divorce proceeding. Sadly, these types of claims made by people for their own gain sully the claims of legitimate domestic violence victims, but they are taken seriously by the Courts until it is proven otherwise.
If you would like to protect your innocence, you must demonstrate that you did not, in fact, commit domestic battery. This is often challenging, but with the help of a good attorney, you can use this defense to protect yourself.
Get Qualified Legal Help Today
If you need representation for a domestic battery charge, Glasgow & Olsson is uniquely qualified to help you.
Our team has helped thousands of people who have been charged with crimes like domestic battery. 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.