What Makes Domestic Battery Different From Simple Battery?
A person commits domestic battery if he or she knowingly and without legal legal justification by any means, causes bodily harm to any family or household member, or makes physical contact of an insulting or provoking nature with any family or household member. Simple battery has same elements as domestic battery, the only difference being is that family or household relationship element is not part of the offense. In other words, a certain type of family relationship must exists between the parties, for the charge of domestic battery to be applicable. These factors include:
- People who are currently or previously been married to one another
- People related by blood or have children in common
- Roommates (former or current)
- People who have dated one another
Unlike simple battery, if you are found guilty of domestic battery. By law, the judge is not allowed to give you supervision. A conviction for domestic violence could be entered and become a part of your permanent criminal record. First domestic battery offense is, a class A Misdemeanor and is punishable up to 364 days and jail and fine of $2,500.00. A second conviction for domestic battery can result in a class 4 Felony, with a possible sentence of 1 to 3 years in prison, and a fine for up to $25,000.
Consequences of Domestic Battery Conviction
Other serious consequences of being found guilty of domestic battery could include loss of your gun rights, being ordered to complete domestic violence counseling, mental health evaluation with recommended treatment and significant community service.
What Is an Aggravated Domestic Battery?
Aggravated Domestic Battery is a Class 2 Felony and is more serious offense than Domestic Battery or a Simple Battery. In order to sustain a conviction for an Aggravated Domestic Battery, the prosecutor must prove beyond a reasonable doubt, one or more of the following;
- knowingly causes great bodily harm
- caused permanent disability
- caused disfigurement
- strangles another
If a person is convicted of the first offense for Aggravated Domestic Battery, he or she must serve mandatory jail sentence of no less than 60 consecutive days. If convicted for a second or subsequent time, the judge must impose a mandatory prison term of 3 to 7 years. Depending on the person's background, the mandatory prison term can also be extended anywhere from 7 to 14 years.
Chicago Premier Domestic Battery Lawyer
If you or someone you know is accused of domestic battery, contact Aggressive Domestic Battery Defense lawyer with over 20 years of trial experience to help you. Attorney, Mitch Furman, has handled hundreds of domestic battery cases. Let my expertise work in your favor. Schedule a free consultation, With Chicago Premier Attorney, today.
Contact my firm. I will review the facts in your case and advise you of the various options that could help you to avoid conviction, reduce the level of the charge, or get the entire case dismissed, when possible.