Illinois Domestic Battery Defense Attorney
Cook County Lawyer Defends Clients Against Domestic Battery Charges
All over the country, and throughout Illinois, domestic battery is being committed at an increasing and alarming rate, and prosecutors in the State 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 incidences 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 attorney to help you defend yourself against the charges, even if your family member does not want to testify against you. The lawyers at McPherson Harry & Associates, P.C. have successfully represented domestic battery and domestic violence clients throughout the Chicago area.
Defending Domestic Battery Charges in Cook County and DuPage County, IL
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 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, Class 2 felony, which carries with a possible sentence of 1 to 5 years in of incarceration, fines of $10.000 or more, depending the aggravating circumstances
In many domestic battery situations, fines and probation are sentence options. However, you will be charged with aggravated domestic battery and subject to much more serious penalties, if a variety of circumstances exist at the time of the battery, such as:
- Having a previous domestic battery conviction
- Having children present
- Having a restraining order in place
- Having a prior domestic battery conviction or other felonies
- Having or using a firearm
- Concealing your face
- Disfiguring or killing
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 in the use of a firearm, or if a kidnapping or interstate travel is involved.
Our attorneys at McPherson 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 with our domestic battery defense attorneys, we will help you understand what charging circumstances apply to your case, and how we can defend you against them. Contact us right away to protect your rights. We have three convenient offices in the Chicago area, and handle cases in DuPage, Cook, Will, and Kane counties.