312-300-2028Chicago Domestic Battery Attorneys
Providing Legal Defense for Clients Accused of Domestic Violence
If you were arrested for allegedly committing domestic battery in Illinois, it’s critical that you seek legal support from an experienced domestic violence attorney. After all, this is considered a serious criminal offense involving physical violence or the threat of violence against a family or household member, so you could face severe penalties that include jail time, fines, and a restraining order if convicted of this crime.
At Abdallah Law, we understand that an accusation of domestic violence doesn’t necessarily tell the whole story of what occurred. Sometimes situations are misunderstood or details get left out, causing the police to make an arrest based on misinformation. If you’re concerned about your case, we encourage you to contact our Chicago law office so our domestic violence lawyers can carefully review the details to determine how to defend you from serious criminal charges. Call us for a free consultation if you’re interested in learning more about your legal options after your arrest.
What Is Domestic Violence in Illinois?
Domestic violence refers to violent or abusive behavior meant to control, threaten, or harm a member of your family or household. The violent behavior can be emotional, sexual, psychological, financial, or physical in nature, so the effects on the victim can range from intense fear and low self-esteem to PTSD and life-threatening physical injuries. This is why claims of domestic violence are considered serious enough to make an arrest before the investigation is complete, even if it’s unclear what happened.
For an offense to be defined as domestic violence, it must have occurred between household or family members. In particular, victims of domestic violence can include:
- Current and former spouses
- Current or former boyfriends or girlfriends
- Current and former roommates
- Children and stepchildren
- Parents who share children
- People with disabilities and their caregivers
- Parents, stepparents, grandparents, siblings, and other relatives
If you were accused of committing domestic violence against any of these household or family members, it’s important to talk to a Chicago domestic violence defense lawyer to understand your specific charges and the possible penalties for them. After all, the Illinois domestic violence statute includes a few different crimes between family and household members. Some examples are harassment, stalking, violating an order of protection, and domestic battery. The latter is one of the most common – and most severely punished – domestic violence offenses in Illinois.
You could be charged with domestic battery if it’s believed that you knowingly and intentionally caused bodily harm to a family or household member, or if you made physical contact of an insulting or provoking nature toward them without legal justification. For example, if you’re accused of slapping, punching, shoving, grabbing, kicking, or spitting on a family or household member, you could be charged with domestic battery in Illinois.
If there are aggravating factors, you could be charged with aggravated domestic battery. This could happen if the alleged victim suffered great bodily harm or disfigurement from the domestic abuse incident. This criminal charge can also apply if you allegedly used a deadly weapon, strangled the victim, or have prior domestic violence convictions on your criminal record.
If you’ve been accused of domestic violence in Illinois, you should talk to a Chicago domestic violence attorney as soon as possible. Being convicted of violent crimes can lead to time in jail or prison, as well as fines and other consequences. This is especially the case if you’re charged with aggravated domestic battery, since this is often a felony that can result in harsh penalties. If you’re eager to get help telling your side of the story so you can avoid prison time, call our Chicago law office today for a free consultation with a caring criminal defense lawyer.
What Are the Penalties for Domestic Battery Charges in Illinois?
The criminal penalties for domestic battery charges vary based on the circumstances of the crime you allegedly committed and your criminal history. In most cases, a first-time domestic battery offense is a Class A misdemeanor. If you’re convicted of this crime, you could be sentenced to up to one year in jail and may be ordered to pay up to $2,500 in fines.
It’s important to know that Court Supervision or Probation is not an option if you’re convicted of domestic battery. This makes this charge different from most other misdemeanors in Illinois, as many other charges allow Court Supervision, which would allow you to avoid having a conviction on your record after you’ve completed your sentence. As a result, a domestic battery conviction can lead to a criminal record and possible jail time. The only way to avoid this is to win your criminal case or get your domestic violence charges reduced to simple battery, which a Chicago domestic violence attorney can assist you with.
Another detail that sets domestic violence charges apart from other misdemeanors in Illinois is that once you’re arrested, there is a cooldown period during which you will have to stay in police custody until you see a bond judge, which could take up to 24 hours. This means you could remain in jail for up to one day before the judge decides the details of your release and your Illinois criminal case begins.
If you’re charged with aggravated domestic battery due to causing the victim great bodily harm or using a deadly weapon, you face Class 2 felony charges. You could be sentenced to three to seven years in prison and up to $25,000 in fines if convicted. In some aggravated domestic battery cases, it’s possible to get probation instead of three to seven years in prison, but it’s mandatory to spend at least 60 days in prison before the probation period begins. Many domestic violence cases of this kind also result in mandatory counseling or anger management programs.
Depending on the severity of your domestic violence charges and the existence of any prior convictions, you could face additional penalties if convicted. For example, you could lose your right to buy or possess a firearm. Your alleged domestic violence victims could get restraining orders against you, prohibiting you from contacting or coming near them. In addition, a domestic violence conviction could affect your parental rights, meaning your child custody or visitation rights could be limited, especially if the alleged domestic abuse put your children in danger.
If you want the chance to avoid or reduce these penalties, you should hire a Chicago domestic violence lawyer to defend you from these serious criminal charges. The right legal team for your case knows the domestic violence laws for this state and regularly uses this knowledge to help clients get the best possible results. Call our Chicago law firm today for a free consultation so you can learn more about your options when you’re accused of domestic violence in Illinois.
What Are Some Defenses to Domestic Battery Charges?
Though facing such serious criminal charges can be scary, rest assured that an experienced domestic violence lawyer can use some strategic ways to defend you during your case. The most suitable criminal defense strategy will depend on the details of what led to your arrest, your criminal history, and the evidence the prosecution team has against you. Consider some of the most common legal defenses that can help defendants avoid conviction or reduce their sentence during domestic violence cases.
Self-Defense
One of the most common domestic violence defense options is showing that you acted in defense of yourself or others. This is because Illinois law states that you can use reasonable force to protect yourself or other potential victims from harm.
However, the force you use must be proportional to the imminent danger, and you cannot use excessive force when defending yourself. For example, if you had reason to believe a family member or household member was about to punch you, so you shoved them away from you, the self-defense strategy might be a viable option for your case. This may be harder to prove if you stabbed them in response to a punch, though. Your Chicago domestic violence attorney will carefully review your case to determine if there is evidence to show you had legal justification for your actions.
Lack of Evidence
In many domestic violence cases, the main evidence is the alleged victim’s testimony. If there is no corroborating evidence, such as reliable witnesses or video footage, your domestic violence lawyer might point this out to the judge in an effort to get your criminal charges dismissed or get you acquitted at the end of your case. After all, it’s up to the prosecution team to prove you’re guilty beyond a reasonable doubt, which usually requires solid evidence beyond the victim’s statements.
False Allegations
If you know you did not commit domestic battery and that your family or household member made up the accusation to hurt you, explain this to your Illinois domestic violence lawyer as your case begins. Having proof of this will help, such as text messages or emails from the alleged victim and witness testimony stating what actually occurred. If your domestic violence lawyer can prove the allegations are false, your criminal case is likely to be dismissed.
The Alleged Victim Was the Aggressor
In some domestic violence cases, the supposed victim was actually the one who committed domestic battery. If this is true of your situation, you and your attorney can work together to prove that you were attacked first. If you fought back, this could be considered reactive abuse or even self-defense, which is not the same as criminal domestic battery.
Your Chicago domestic violence lawyer will help find ways to support your assertion that you didn’t start the altercation. This type of evidence might include witness testimony, pictures of your injuries, video footage, or a police report stating that you weren’t the first to make physical contact.
Provocation
If there is evidence that shows you caused the victim physical harm, your criminal defense lawyer might seek to prove that you were provoked into making physical contact during the altercation. For example, if there is evidence that the victim verbally insulted, threatened, humiliated, or manipulated you into reacting with violence, you may be able to get your charges reduced in severity.
Note that claiming you were provoked won’t typically get you acquitted of domestic violence charges since Illinois law does not excuse physical harm due to verbal abuse or threats. However, the judge might reduce the severity of your domestic violence charges or penalties if you can show that the victim’s behavior caused a brief loss of control. Contact our Illinois law firm today to discuss this defense option with a skilled domestic violence lawyer.
Plea Deal
If the evidence against you is strong enough that your domestic violence attorney believes you’re likely to be found guilty in court, they might advise you to accept a plea deal. This will depend on what the prosecution team offers and whether you want your case to proceed through the court system all the way to trial, or if you’d rather settle out of court as soon as possible.
The point of taking a plea deal is to reduce your criminal charges or penalties. So, if you’re worried about getting the maximum fine and prison sentence for your offense, you and your domestic violence lawyer can determine if there are lesser charges you can negotiate to avoid the most severe punishment. For example, if you’re charged with aggravated criminal sexual assault or aggravated domestic battery, your domestic violence lawyer may be able to negotiate with the prosecutor to bring your charge down to a less severe offense. Call our Chicago law office today to speak with an Illinois domestic violence attorney about your defense options.
Are You Ready to Call Our Chicago Domestic Battery Attorneys?
Domestic battery is a serious offense that can have significant legal and personal consequences if you’re convicted. In addition to the criminal penalties you’re now aware of, being charged with domestic battery can be a stressful and difficult experience for you and your family. In fact, it can put a strain on your relationships and cause emotional turmoil for everyone involved, especially if it’s affected your ability to see your children or go to work.
During this challenging time, it’s essential to have a skilled and experienced legal team on your side to handle the legal aspects of your case. That’s why we encourage you to contact Abdallah Law for legal help with your domestic violence charge. We have extensive experience handling domestic violence cases throughout the Chicago area, as well as a strong track record of keeping our clients’ best interests in mind as we argue their cases in court. Whether you were accused of domestic violence, sex crimes, or other felony charges, you can count on us to provide the aggressive legal representation you deserve.
By entrusting your legal defense to us, you can focus on taking care of your family and addressing the underlying issues that led to the domestic battery charge. The attorneys at Abdallah Law have in-depth knowledge of the domestic violence laws in this state and over a decade of experience helping clients like you. As a result, you can expect us to work tirelessly to protect your rights and defend you against severe criminal allegations while offering compassionate support and guidance throughout the entire criminal defense process. If you’re ready to schedule a confidential consultation with a trusted domestic violence attorney in the Chicago area, call 312-300-2028 today to discuss your domestic violence case.