A felony domestic battery conviction can result in several years in prison. By understanding the two key defenses available in such cases and consulting with a Chicago criminal defense attorney, you can protect yourself.
What Is Felony Domestic Battery?
In Illinois, domestic battery occurs when:
- 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 or insulting manner.
For example, punching a spouse is considered domestic battery.
Domestic battery is typically a misdemeanor, carrying penalties of up to one year in jail and a fine of $2,500. However, it can escalate to a felony under certain conditions:
- The offender has a prior domestic battery conviction, making it a second offense.
- The offender caused severe physical harm or strangled the victim.
A second offense or any subsequent offenses can be charged as felonies. Severe physical harm includes permanent disability or disfigurement, which can elevate the charge to a felony.
The 2 Key Defenses in a Felony Domestic Battery Case
Using one of the defenses below can help protect your innocence in a felony domestic battery case. It is crucial to work with an attorney to ensure the proper use of these defenses for the best possible outcome.
Defense 1: You Were in Danger
If you were in danger, you have the right to defend yourself within reason.
To use this defense, you and your attorney must demonstrate that you were in danger and that your actions were necessary for self-defense. Even if these actions resulted in disfigurement or disability, if they were necessary for your protection, this defense can shield you from a felony domestic battery charge.
Defense 2: You Did Not Commit Domestic Battery
False accusations of domestic battery can occur, leading to felony charges based on the claims against you.
To protect your innocence, you must demonstrate that you did not commit domestic battery. This can be challenging, but with the help of a skilled attorney, you can use this defense effectively.
Get Qualified Legal Help Today
If you need representation for a domestic battery charge, Glasgow & Olsson is uniquely qualified to assist you. Our team has helped thousands of individuals charged with crimes in Illinois. We aim to win cases by taking them to trial and only arranging plea bargains if they benefit our clients. As proactive lawyers, we fight aggressively and support our clients throughout their entire case, including appeals.
Protecting your life and freedom is our primary goal, and with our decades of legal experience, we know how to achieve results. This is why we are regularly invited as legal contributors 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.