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Archive for the ‘aggravated domestic battery’ tag

What Are the Penalties for Battery in Illinois?

November 20th, 2017 at 9:32 am

aggravated battery, aggravated domestic battery, battery, domestic battery, penalties for batteryBattery, unlawfully and knowingly causing physical bodily harm to someone else or making physical contact of a provoking or insulting nature with the person of another, is a serious criminal offense in the state of Illinois. Moreover, battery is punished in a variety of different ways—the severity of which depends on the circumstances surrounding the battery and the type of battery with which the offender is charged. 

Battery & Aggravated Battery

Battery as defined in code section 720 ILCS 5/12-3 is a Class A misdemeanor that is punishable by up to one year in prison and a fine of up to $2,500. However, in some instances, those convicted of battery will instead be sentenced to probation rather than imprisonment and be required to attend counseling and/or engage in a set amount of community service.

Additionally, if the offender is convicted of aggravated battery under code section 720 ILCS 5/12-3.05, then he or she can be punished in any of the following ways, depending on the severity of the aggravating factors present:

  • Class 3 felony: Punishable by up to five years in prison and a $25,000 fine;
  • Class 2 felony: Punishable by up to seven years in prison and a $25,000 fine;
  • Class 1 felony: Punishable by up to 15 years in prison and a $25,000 fine; and
  • Class X felony: Punishable by up to 60 years in prison and a $25,000 fine.

Battery of an Unborn Child & Aggravated Battery of an Unborn Child

An offender who knowingly and without legal justification causes physical harm to an unborn child and is convicted of battery of an unborn child in Illinois under code section 720 ILCS 5/12-3.1, is guilty of a Class A misdemeanor, and can be sentenced to serve up to one year in prison and to pay a fine of up to $2,5000.

However, if the offender knowingly caused great bodily harm to the unborn child, then he/ or she can be convicted of aggravated battery of an unborn child, which is a Class 2 felony, and sentenced to serve up seven years in prison and pay up to $25,000 in fines.

Domestic Battery & Aggravated Domestic Battery

Domestic battery occurs in Illinois when an individual knowingly and without legal justification physically harms or makes physical contact of a provoking or offensive nature with a household or family member and is generally classified as a Class A misdemeanor. Domestic battery is punishable by up to one year in prison and a fine of up to $2,500. 720 ILCS 5/12-3.2.

However, domestic battery can constitute a Class 4 felony under some circumstances—for example, if the offender was previously convicted of domestic battery, violating a protective order, or a serious violent crime such as first degree murder, etc.—and is punishable by imprisonment for up to one year. Additionally, aggravated domestic battery in Illinois is a Class 2 felony that is punishable by up to seven years in prison and a fine of up to $25,000.

Charged with Battery? Contact a Local Criminal Defense Lawyer Today

No matter which type of battery you have been charged with in Illinois, it is important that you take the allegations that have been levied against you seriously and consult with a skilled Rolling Meadows criminal defense lawyer about your legal options without delay. At The Law Offices of Christopher M. Cosley, we offer a free initial consultation to prospective clients and would be happy to meet with you.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqEnd=23000000&SeqStart=21100000

Strangling is Aggravated Domestic Battery in Illinois

April 24th, 2017 at 7:00 am

strangling-Rolling Meadows Domestic Violence Defense Lawyer Many people live in some sort of domestic relationship at home. You might live with a significant other or even with a family member. Of course, sometimes tensions can rise between people who live together or lived together in a domestic relationship, and things can get out of hand.

When one person physically hits or strikes the other, it can constitute domestic battery, which is a crime in Illinois. When actions escalate and the violence is extreme, or strangling is involved, the battery is considered aggravated domestic battery.

What is Domestic Battery in Illinois?

In Illinois, domestic battery is defined as when an individual causes bodily harm or makes physical contact of an insulting or provoking nature against a family member or household member without legal justification to do so. Physically hitting, biting, violently threatening, etc. are all acts of violence. When you commit these acts against a family member or a household member, you could face domestic battery criminal charges. A first time offense is a Class A misdemeanor, while a second or repeat offense (after a domestic violence conviction) can be a Class 4 felony.

There is a second tier for domestic battery, referred to as aggravated domestic battery, which covers physically harmful conduct that is committed against a family or household member that is more severe than simple domestic battery.

What is Aggravated Domestic Battery in Illinois?

When the physical violence committed against a family or household member is more serious, then you can be charged with aggravated domestic battery. Specifically, engaging in physical contact with a household or family member with full knowledge that your physical contact will cause great bodily harm, disfigurement, or permanent disability is aggravated domestic battery.

Similarly, strangling a household or family member also constitutes aggravated domestic battery. Strangling involves deliberately impeding the normal breathing of the victim and/or preventing circulation of blood to the brain of the victim by applying pressure to the neck or throat of the victim. It does not matter if the act of strangling was for just a second or for several seconds. Moreover, even just one instance of strangling can be enough to support a conviction. Aggravated domestic battery is a Class 2 felony.

Domestic battery allegations are fairly common in Illinois, and when someone is falsely accused of domestic battery it can be problematic for the individual who stands accused. An angry ex or your current significant other, roommate, or family member might lodge false or exaggerated allegations to the authorities that you engaged in domestic violence against them. It is unfair when these things happen and if you are charged with domestic battery in Illinois, you need to contact an experienced criminal defense lawyer immediately.

Get a Criminal Defense Lawyer on Your Side Now

Please contact a passionate Rolling Meadows domestic violence defense lawyer as soon as you can if you are facing domestic battery or aggravated domestic battery criminal charges. We can help craft a solid defense in your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

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