DuPage County Domestic Battery Defense Attorney

Law Firm Defending Clients in Domestic Violence Cases

All over the country, and throughout Illinois, domestic battery is being committed at an alarmingly rate, and prosecutors in the State of Illinois are bringing more vigorous charges against domestic battery offenders. The laws protecting family members and others in personal relationships are being enforced, and in many incidents, the accused is unaware that their actions in family altercations could get them arrested. If you have been charged or arrested for domestic battery, you need an experienced, knowledgeable criminal defense attorney to help you defend yourself against the charges, even if your family member does not want to testify against you. The lawyers at Kathryn L. Harry & Associates, P.C. have successfully represented domestic battery and domestic violence clients throughout DuPage, Cook, Kane, and Will Counties.

Domestic Battery in Illinois

According to Illinois criminal law, you commit domestic battery if you knowingly, and without legal justification:

• Cause bodily harm to any family or household member.
• Make physical contact of an insulting or provoking nature with any family or household member.

Domestic battery can be charged for harm to your girlfriend or boyfriend, an ex-spouse, the mother of your child, a domestic partner, your child, or any other family member. Sometimes the lines are blurred when enforcing discipline upon a child, or getting into altercations with spouses or other family members, where the conflict can escalate to involve physical harm. Charges and penalties for these offenses include:

• Domestic battery - Class A misdemeanor, which carries with it a possible sentence of up to one year in jail and a fine of up to $2,500.
• Aggravated domestic battery - Charged when domestic battery results in great bodily harm, disability, or disfigurement. This is a Class 2 felony, which carries a possible sentence of three to seven years in of incarceration and a fine of up to $25,000. If sentenced to probation or conditional discharge, an offender must serve a mandatory prison term of at least 60 days.

In many domestic battery situations, fines and probation are sentencing options. However, you will be subject to much more serious penalties if a variety of circumstances exist at the time of the battery, such as:

• Having a previous conviction for violating an order of protection - Class 4 felony, which carries a possible sentence of one to three years in jail and a fine of up to $25,000.
• Having one or two previous domestic battery convictions - Class 4 felony, which carries a possible sentence of one to three years in jail and a fine of up to $25,000, with a minimum of 72 hours in prison.
• Having three previous domestic battery convictions - Class 3 felony, which carries a possible sentence of two to five years in prison and a fine of up to $25,000, with a minimum of 72 hours in prison.
• Having four or more previous domestic battery convictions - Class 2 felony, which carries a possible sentence of three to seven years in prison and up to $25,000 in fines, with a minimum of 72 hours in prison.
• Having a prior felony conviction for a violent crime or sex crime - Class 4 felony, which carries a possible sentence of one to three years in jail and a fine of up to $25,000.
• Children were present when domestic battery was committed - A mandatory minimum sentence of 10 days in prison, 300 hours of community service, or both, in addition to any other sentence.

Contact a Lombard Criminal Defense Attorney

Depending on the circumstances of your case, in addition to penalties of mandatory jail time and heavy fines for aggravated battery, you could also face federal charges; especially if the case involved the use of a firearm, or if kidnapping or interstate travel is involved. The skilled attorneys at Kathryn L. Harry & Associates, P.C. know how serious it is when you expose yourself to criminal charges for physically hurting another person in your household. In many situations, authorities jump to conclusions, fail to investigate adequately, or are overzealous in bringing such charges.

Our goal is first to get your charges dismissed or reduced, and to get your record expunged, when eligible. During your free initial consultation, we will help you understand what charging circumstances apply to your case, and how we can defend you against them. Contact our DuPage County domestic battery defense lawyers at 630-472-9700 to schedule a free initial consultation. We represent clients in Wheaton, Hinsdale, Downers Grove, Elmhurst, Willowbrook, Western Springs, Clarendon Hills, DuPage County and surrounding areas.