Jack's blog

Are You Facing Domestic Battery Charges

joliet domestic battery lawyer

When an argument with your spouse or other family member gets out of hand, it is possible that criminal charges can be brought against one of you. A domestic battery conviction can have serious criminal penalties and life-altering consequences. If you have been charged with domestic battery, it is critical that you contact a criminal defense attorney with experience successfully handling domestic cases. A qualified lawyer can help protect your rights and work hard to defend against the allegations.

Illinois Domestic Violence Law

The term “domestic” generally refers to family members. You can be charged with domestic battery for alleged violence against a family or household member. According to Illinois law, domestic violence can occur between the following people:

• Blood-related family members;

• Family members by marriage or by prior marriage;

• Married and divorced couples;

• Individuals who share a home or common dwelling;

• People who share a child or have a blood relationship through a child;

• Presently or formerly dating and engaged couples, including same-sex couples; and

• Disabled individuals and their caregivers.

Understanding Battery Charges

According to Illinois law , a person commits domestic battery if they knowingly cause bodily harm to a household or family member, or make “physical contact of an insulting or provoking nature” with a household member or family member. Domestic battery most often considered a Class A misdemeanor in Illinois. A misdemeanor domestic battery conviction is punishable by up to one year in jail and a fine of $2,500.

There are some situation in which domestic battery is a felony offense. Domestic battery will be considered a Class 4 felony offense if the defendant has a prior conviction for violating a protection order or certain prior convictions relating to family or household members. If an individual is charged with domestic battery and has previously been convicted of one of the following crimes, he or she will likely face a felony charge:

• Aggravated battery;

• Aggravated battery with a firearm;

• Aggravated battery of a child, unborn child, or senior citizen;

• First degree murder;

• Attempt to commit first degree murder;

• Stalking and aggravated stalking;

• Criminal sexual assault,

• Kidnapping,

• Unlawful restraint;

• Aggravated arson; and

• Aggravated discharge of a firearm.

A Class 4 felony in Illinois is punishable by one to three years of imprisonment and fines up to $25,000.

Contact a Will County Criminal Defense Attorney

If you are facing domestic battery charges, speak with a qualified Joliet Illinois domestic battery defense lawyer . Call the Law Offices of Jack L. Zaremba at 815-740-4025 for a free, confidential consultation.

An Overview of Illinois Felony Charges and Their Consequences

joliet felony criminal lawyer

When it comes to crime classifications, each state has its own unique system and way of organizing specific crimes. In the state of Illinois, there are three main classifications of crimes: petty offenses, misdemeanors, and felonies. A petty offense is simply a minor violation -- like a traffic ticket -- for which the consequence is paying a fine. A misdemeanor misdemeanor is more serious than a petty offense and can carry up to one year in jail, depending on the type of misdemeanor. A felony is the most serious type of crime and can be punishable by up to life in prison.

The Illinois crime classification system contains five classes of felonies , or five different levels for a felony charge, in addition to first-degree murder, which is charged as a separate class of felony. Fines for any felony can be up to $25,000 in addition to any other requirement that certain fines, fees or restitution be paid. A felony conviction can affect you for the rest of your life, so it is important to understand the possible consequences.

Felony Classifications

The five types of felony classes range from the least serious (Class 4 felonies) to the most serious (Class X felonies and first-degree murder). Each felony has the possibility of a prison sentence, an extended sentence, fines and restitution. Many felonies, though not all, also have the possibility of probation or conditional discharge. Courts can impose any combination of punishments for felonies as the judge sees fit, though fines or restitution are not permitted to be the only disposition for a felony.

Felony classifications in Illinois are as follows, from most to least serious:

First-Degree Murder: First-degree murder convictions can result in:

• 20 - 60 years in prison or an extended sentence of 60 - 100 years in prison; or

• Natural life imprisonment.

In 2011, the death penalty was abolished in Illinois, making the state the 16th in the nation to eliminate capital punishment as a sentencing option.

Class X Felony: Crimes that are classified as a Class X felony can include aggravated sexual assault and armed robbery. A conviction of a Class X felony can result in:

• 6 - 30 years in prison; or

• An extended sentence of 30 - 60 years.

Class 1 Felony: Crimes classified as Class 1 felonies can include vehicular hijacking and residential burglary. Consequences can be:

• 4 - 15 years in prison; or

• An extended sentence of 15 - 30 years.

Class 2 Felony: Class 2 felonies can include crimes such as aggravated battery and robbery. Consequences can be:

• 3 - 7 years in prison; or

• An extended sentence of 7 - 14 years.

Class 3 Felony: Class 3 felonies can include crimes such as involuntary manslaughter or reckless homicide. Consequences can be:

• 2 - 5 years in prison; or

• An extended sentence of 5 - 10 years.

Class 4 Felony: Class 4 felonies can include crimes such as unlawful restraint or stalking. Consequences can be:

• 1 - 3 years in prison; or

• An extended sentence of 3 - 6 years.

Are You Facing Felony Charges? Contact a Joliet Criminal Defense Attorney

A felony conviction can affect you for your entire life. Do not hesitate -- contact the skilled Will County defense attorneys at the Law Offices of Jack L. Zaremba, P.C. today. Call us at 815-740-4025 to schedule a free consultation.

Improve Your Chances for Illinois Drivers License Reinstatement

joliet driver license lawyer

To get your Illinois driver’s license reinstated after it has been revoked for DUI , you will have to prove that allowing you to drive again will not pose a risk to public safety. A Secretary of State hearing officer will make this determination based on several key pieces of evidence that you must present at a formal hearing, which is very similar to a trial. Your documentation must include proof of completion of your DUI sentence, an updated drug/alcohol evaluation, and letters or testimony confirming your rehabilitation.

It is highly recommended that you consult an experienced Will County driver’s license reinstatement lawyer to help you prepare this documentation. Your attorney can also coach you on how to answer questions typically asked at these hearings, make recommendations regarding the use of witnesses, and represent you during your hearing.

Documentation Required for Formal Reinstatement Hearing

You will need to present the following documentation at a formal hearing for driver’s license reinstatement:

1. Proof that you completed the education or treatment programs required by the court as part of your DUI sentence. These programs generally provide you with a paper certificate of completion.

2. A Drug/Alcohol Evaluation Uniform Report that is less than six months old. Because this report is so crucial to your license reinstatement, consult your attorney in advance for advice on how to answer questions about your driving record, your personal attitudes about drug/alcohol use, your past and current patterns of drug and alcohol use, how past patterns have affected your work and relationships, and what you have done to correct problematic drug/alcohol usage. If the evaluator believes you are not being open and truthful, you could get a bad evaluation which could lead to denial of your reinstatement.

3. If a drug/alcohol evaluation classified you as drug/alcohol dependent, you will need to submit letters written by people who can verify your complete abstinence from drugs and alcohol for at least the past 12 months and your active involvement in a substance-abuse support/recovery program.

4. If you were classified as high risk but non-dependent, you will need letters from people who can verify your abstinence or non-problematic use of drugs/alcohol for the past 12 months.

By following this advice, you can significantly improve your chances of winning reinstatement on your first attempt. If your license reinstatement is denied, you will have to wait 90 days to have another hearing.

A Will County Driver’s License Reinstatement Hearing Attorney

If you live in Will County, your formal reinstatement hearing will be held in Joliet. Before you schedule your updated drug/alcohol evaluation and your formal reinstatement hearing, obtain advice from an experienced Joliet driver’s license reinstatement lawyer . Call the Law Offices of Jack L. Zaremba at 815-740-4025.

Pages

Subscribe to RSS - Jack's blog