Domestic Battery Versus Aggravated Battery in Illinois — How the Sentencing Differs

 Posted on March 14, 2022 in English

 Battery and assault charges are serious crimes. In Illinois, assault and battery are two separate charges that are sentenced differently. Assault refers to the threat of violence where battery involves physical contact. However, there are different variations of battery charges ranging from minor misdemeanor charges to felony charges. Depending on the nature of the situation, the relationship with the other party involved, and other aggravating factors, an individual accused of battery in Illinois may face significant jail time. If you or a loved one were charged with battery, seek experienced legal counsel to fight the charges. 

Domestic Battery

Domestic battery is defined as making aggressive physical contact with a member of your household or family. Those charged with domestic battery must have caused bodily harm without legal justification. This means that the physical violence that occurred was not a result of self-defense or any other justifiable reason. Typically, domestic violence includes:

• Spitting on someone 

• Throwing objects to injure another person in the family or household

• Pulling hair

• Biting 

• Punching

• Scratching 

• Hitting 

• Pushing or shoving

• Cutting or burning 

• Choking 

The sentence for domestic battery depends on the situation at hand. It is not uncommon for both parties involved to be charged with battery during a physical altercation. In most cases, domestic battery is a Class A misdemeanor. However, it is a felony offense if the defendant has previously been convicted of battery. A Class A misdemeanor can lead to up to one year in jail and $2,500 in fines, but felony charges can lead to much longer prison sentences. Domestic battery can also include sexual violence that may lead to sexual assault charges. This is an example of an aggravating factor that can elongate a sentence when added to regular battery charges. 

Aggravated Battery 

Aggravated domestic battery refers to causing physical bodily harm to a member of your family. However, aggravating factors worsen the situation. Numerous aggravating factors can lead to an aggravated battery charge. These include:

• Strangulation of another person 

• Prior convictions for violent crimes, including domestic battery charges

• Prior felony convictions (rape, murder, drug charges, aggravated theft)

• If there was an order of protection in place during the altercation

• If there were children or adolescent minors involved

Aggravating factors can lead to a heightened sentence, including felony charges. If you are charged with aggravated domestic battery, you may be facing a Class 2 felony, which can lead to a prison sentence of up to seven years. It is critical to find an experienced attorney who can help represent your unique case facing severe criminal charges.

Contact a Naperville, Criminal Defense Attorney 

At J. Aldrich Law, P.C., we offer a free legal consultation for potential clients to discuss their cases. Our Naperville, Illinois, criminal defense attorneys have years of combined experience representing clients in aggravated domestic battery cases and other violent crimes. Please reach us at 630-953-3000 to schedule a consultation with our office. 

Source(s):

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.3 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2