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Domestic Violence

DOMESTIC VIOLENCE

CHICAGO CRIMINAL DEFENSE LAWYER

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CHICAGO, IL DOMESTIC VIOLENCE DEFENSE

The relevant law is at 720 ILCS 5/33A-1 to 720 ILCS 5/33A-3

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59


Definitions and Penalties:

  • The Illinois Domestic Violence Act of 1986 was written in a deliberate manner so as to make construal of its meanings broader and more open-ended than is usually the case in state criminal statutes. Judges are instructed to apply the penalties for such crimes as and assault, battery, abuse, harassment, and unlawful detaining. You can get charged with domestic violence just for shouting or pointing a finger too close to someone with whom you share a domicile.
  • Unless aggravating factors are present, domestic violence usually gets prosecuted as a Class A misdemeanor. If you are convicted of a Class A misdemeanor in Illinois, you may get a sentence of up to 364 days in jail (with two years of probation possible instead), and a fine of up to $2,500.
  • If, however, aggravating factors are present, domestic battery may be charged as a Class 4 Felony with possible penalties of one to three years of imprisonment (three to six years of incarceration if it is an extended sentence) and a fine of up to $25,000. Thirty months of probation may be available.
  • Aggravating factors include battering, any use of a weapon (especially a firearm), any act done against a child or a senior or someone with a disability, or any assault sexual in nature. It is also the case that any prior conviction for domestic battery will probably result in a Class 4 felony charge. You may be ordered to attend anger management classes or psychological counseling. Court ordered orders of protection may be issued if abuse or potential abuse has been deemed probable and breaking such an order is a Class A misdemeanor

How we can defend you against a domestic violence charge:

  • We can contend that it was you who were the victim of domestic violence and that you were defending yourself – your partner or abuser just got to the phone first. We might show you were defending someone else, or just getting your abuser to calm down.
  • We can file “motions to suppress” relevant evidence if that evidence that was wrongfully obtained against your rights or someone else’s or if it is somehow questionable in another way, thereby making it inadmissible and clearing you or at least minimizing the prosecution’s case so they concede or negotiate.
  • If this evidence is admitted, we can argue at trial that the evidence or testimony is wrong or made up against you (someone is lying about observing your communications and activities, and therefore cause a reasonable doubt in the jurors’ minds.

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