Aggravated domestic battery is a very serious crime. By going over the mistakes you must avoid when being charged with aggravated domestic battery and speaking with a Schaumburg criminal defense attorney, you can protect yourself.
What Is Domestic Battery?
Domestic battery is when one person does the following:
- Knowingly causes physical harm to a family member or household member.
- Knowingly makes physical contact with a family member or household member in a manner that is provocative and/or insulting.
If someone does one of the above, then they have committed domestic battery.
When Does Domestic Battery Become A Felony?
Domestic battery in Illinois is a misdemeanor offense. What this means is that if someone commits an act of domestic battery and they are convicted of this act, they face the following penalties: up to one year in jail and a fine of $2,500.
None of those consequences are pleasant. Someone facing a domestic battery accusation must work with an attorney who can help them contest the accusation.
On the other hand, though, if someone is accused of domestic battery, and this act involves one of two very specific and far more significant acts, domestic battery becomes “aggravated domestic battery,” which is a felony.
The acts that turn a domestic battery into aggravated domestic battery are as follows:
- Domestic battery is occurring, and great bodily harm, or some form of disfigurement, is the result.
- Domestic battery is occurring, and strangulation of any duration or severity takes place.
Just as an example of the above, if two spouses are arguing, and one spouse places their hands on the other spouse’s neck and squeezes it for five seconds, they can be charged with aggravated domestic battery. Choking has a mandatory jail sentence.
The above is true, too, if those same two spouses are arguing, and one spouse pushes the other spouse, giving them a disability that affects their ability to walk normally.
What Mistakes Should You Avoid If You Are Being Charged With Aggravated Domestic Battery?
An aggravated domestic battery charge is very, very serious. And for this reason, there are certain mistakes that you must avoid in order to protect your rights, as well as your innocence.
The most notable mistakes you must avoid if you are being charged with aggravated domestic battery are as follows:
- Speaking to the police without an attorney; everything you say to the police can, and will, be used against you, making it very important that you get an attorney before you speak to the police.
- Contacting the person who has accused you; any correspondence between you and your accused can be used against you, and, as such, it is never a good idea to contact them.
- Failing to work with an attorney; not working with an attorney makes it more difficult for you to obtain the legal outcome you desire or, for that matter, to exercise your legal rights.
By avoiding the mistakes outlined above, it will be much easier for you to protect your rights, thereby allowing you to obtain the best possible legal outcome.
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 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 lawyer today to learn how our experience can get you the results you deserve.