In certain circumstances, a domestic battery may be upgraded to a felony charge. Section 720 ILCS 5/12‑3.3 explains under what circumstances this may occur:


Aggravated domestic battery
(a) A person who, in committing a domestic battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.
(b) Sentence. Aggravated domestic battery is a Class 2 felony. Any order of probation or conditional discharge entered following a conviction for an offense under this Section must include, in addition to any other condition of probation or conditional discharge a condition that the offender serve a mandatory term of imprisonment of not less than 60 consecutive days. A person convicted of a second or subsequent violation of this Section must be sentenced to a mandatory term of imprisonment of not less than 3 years and not more than 7 years or an extended term of imprisonment of not less than 7 years and not more than 14 years.

 

Domestic Violence Lawyers

Domestic violence can include assault, battery, sexual assault, sexual battery, kidnapping, false imprisonment, stalking or murder. A domestic violence charge is a serious allegation involving life-changing consequences. Imprisonment, probation, counseling, substance abuse treatment, and orders of protection are just a few of the many serious sentencing provisions associated with domestic violence charges. Court supervision may not be an available sentencing option for domestic violence charges. State officials and agencies commit substantial resources and time to vigorously prosecute these offenses, so an experienced attorney is vital to your proper defense.

 

Illinois law defines domestic battery as intentionally or knowingly (1) causing bodily harm to a family or household member or (2) making physical contact of an insulting or provoking nature. Illinois law defines a household or family member in an expansive and inclusive manner. Former spouses, boyfriends or girlfriends, and caregivers qualify as family members. Generally domestic battery is a misdemeanor. However, the statute contains a number of aggravating factors that may make the charge a felony. People with a history of domestic violence convictions may face mandatory imprisonment, community service, and costs. A person charged with a first offense aggravated battery or a subsequent aggravated battery offense faces significant mandatory imprisonment provisions as well.

 

The attorneys affiliated with Mitchell S. Sexner & Associates LLC are experienced with all types of offenses and have helped criminal and traffic clients throughout Illinois get results since 1990. We concentrate in these types of cases and our attorneys have the reputation for providing a tough and aggressive defense

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Mitchell S. Sexner & Associates LLC • Attorneys at Law since 1990

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