Arrested For Domestic Battery? Call Our Criminal Defense Lawyers Today at (630) 474-8000!!!
Many people fail to take domestic violence accusations as seriously as they should because they involve personal conflicts. However, the police, prosecutors, and laws in Illinois take all domestic violence matters extremely seriously—and so should you. (View the entire Illinois Domestic Violence Act of 1986 here.) The costly and lasting consequences of a conviction can include the loss of access to your home and children, and even your freedom. Avoid a domestic battery conviction whenever possible.
The criminal defense lawyers at Martin & Kent, LLC, regularly defend the rights of clients accused of domestic battery. Our priority is always to limit or completely eliminate the consequences you face after someone you know accuses you of violence. We handle every aspect of your case, including your criminal charges and any requested orders of protection. We aim to get cases dismissed whenever possible, and have an extraordinary track record of success.
Our firm has a 96 percent dismissal rate in Domestic Battery Cases!
We are Former Felony Prosecutors who know how to help defendants in DuPage and Kane Counties. We know what the prosecutors are thinking, what evidence they need to secure a conviction, how to negotiate with them, and how to outflank them whenever possible. Please do not wait any longer to call us for help at (630) 474-8000.
What Is Domestic Battery?
The charge of domestic battery may apply in many different situations. Under Illinois law, battery is intentional, harmful, offensive, or provocative physical contact. Such contact can range from a slap or push to shooting or stabbing someone. When battery involves a deadly weapon, causes serious harm, or involves a number of other escalating factors, prosecutors may issue more serious charges of aggravated battery.
Domestic battery occurs when the victim has a close relationship with the assailant. This can include current or past romantic partners, parents of a shared child, household members, and other family members.
According to the Illinois State Police, domestic abuse may include:
- Physical abuse—including pushing, striking, sexually assaulting, or restraining someone
- Harassment—including threats of physical violence, physically or electronically stalking, or withholding access to children
- Making children watch abusive or violent behavior
- Denying care to a disabled person
In domestic battery cases, the court may also issue an order of protection against the accused, which can restrict an accused person’s contact with the alleged victims. Alleged victims can also seek orders of protection separate from any criminal proceedings.
Possible Consequences in Domestic Battery Cases
A domestic battery conviction can come with a wide range of penalties depending on the specific allegations and circumstances. Such penalties in Illinois may include:
- Battery – Mandatory two years of supervised probation, fines up to $2,500, up to one year in jail
- Aggravated battery – Mandatory 30 months of supervised probation, fines up to $25,000, two to five years in state prison
In addition, all domestic battery convictions require 26 weeks of anger management classes, costing you more than $3,500.
There is no court supervision in Illinois for domestic battery charges. Therefore, a criminal conviction will stay on your record for life unless you have good, solid legal representation. A misdemeanor or felony conviction can limit your future employment opportunities, where you live, and even your custody and visitation rights with your children. You will lose the right to bear arms upon conviction for misdemeanor domestic battery.
In addition, the court may issue an order of protection against you. This can require you to move out of your home, stay out of contact with your children and spouse or partner, relinquish all legally owned firearms, and comply with many more conditions. If you and the alleged victim work or go to school together, an order of protection can hurt your ability to make a living or derail your education.
If you violate an order or protection, you risk facing additional criminal charges and consequences, so it is essential to have skilled legal defense representation in this aspect of your case, as well as against your criminal charges.
When appropriate or possible, we can argue that the charges are false—that the alleged victim is lying about your actions—or that the prosecutor lacks sufficient proof to convict you. In some cases, domestic violence charges actually stem from self-defense against an attack from an aggressive family member or roommate.
In some cases, the evidence against a person may elevate the risk of taking a case to trial to unacceptable levels. Here, Martin & Kent, LLC, may negotiate with the prosecutor for a plea agreement on your behalf. This can result in a far lesser sentence than you might face if the case went to trial and the court found you guilty.
Aggressive Domestic Violence Defense Lawyers in Illinois
The good news is that with the right defense lawyer, it is possible to avoid a domestic battery conviction and the related penalties. At Martin & Kent, LLC, we know that many domestic battery accusations are wrongful and we will fight for your rights. Call our office in Wheaton at (630) 474-8000 as soon as possible for a free case evaluation.
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A Wheaton client who was arrested for domestic battery got her case dismissed for lack of prosecution. The arrest expungement was immediately filed by M&K lawyers.Case Results