What is the Difference Between Battery and Domestic Battery Charges in Illinois
According to the CDC, approximately one in four women and one in seven men will be the victim of severe physical violence by an intimate partner in their lifetime. Many U.S states have increased penalties for crimes committed against intimate partners or family members. In Illinois, domestic violence domestic violence is prosecuted heavily. Those convicted of a domestic violence-related crime can face years behind bars and a lifetime of stigma. If you have been charged with domestic battery or another domestic offense, it is crucial that you understand the charges placed against you and the possible penalties you face.
When is Battery Considered “Domestic Battery”?
Although they are two different crimes, we often hear the term “battery” along with “assault.” This is because Illinois law defines assault as "conduct which places another in reasonable apprehension of receiving a battery.” Battery is defined as “conduct causing bodily harm to another person” or physical contact with another which is “insulting, provocative, or unwanted.” In order for a battery to be considered domestic battery, the alleged offense must be perpetrated against a family member or household member. In Illinois, domestic violence includes violence against a
• Spouse or former spouse;
• Child or stepchild;
• Roommate or former roommate;
• Boyfriend or girlfriend;
• Person with whom the alleged offender shares a child; and
• Other relatives through blood or marriage.
According to the Illinois Criminal Code , a person is guilty of domestic battery if he or she intentionally causes physical injury or makes physical contact of an offensive or provoking manner to a person listed above. Domestic battery is a Class A misdemeanor offense punishable by up to one year in jail and fines of up to $2,500. This charge may be enhanced to an aggravated domestic battery charge if the alleged battery causes significant bodily harm, permanent disability, disfigurement, or if the offense included actual or attempted strangling. Aggravated domestic battery is considered a much more heinous crime than regular domestic battery. It is a Class 2 felony offense punishable by a prison term of up to seven years.
Contact a Will County Domestic Violence Defense Attorney
If you have been accused of domestic battery, aggravated domestic battery, or another violent crime, contact an experienced Joliet domestic violence defense lawyer for help. Call the Law Offices of Jack L. Zaremba, P.C. today at 815-740-4025 to schedule a free consultation.