False Accusations of Domestic Battery in Illinois

 Posted on December 12, 2022 in Criminal Defense

Domestic battery is defined as causing bodily harm or making physical contact of an offensive or provoking nature with a family or household member. False accusations of domestic battery in Illinois can have a devastating impact on the accused.

The consequences for being accused and convicted of domestic battery are serious: jail time, fines, mandatory counseling, and a criminal record. Furthermore, the accused may face social stigma, job loss, and difficulty finding housing or other assistance.

If you have been arrested and charged with domestic battery, make sure to work with an attorney who will advocate on your behalf.

Illinois Domestic Battery Laws

In Illinois, domestic battery is considered a Class A misdemeanor. This means that the accused could face up to one year in jail, along with fines and other penalties. There are also certain aggravating factors that can increase the penalty for domestic battery, such as using a weapon during the alleged offense. If the alleged offender was previously convicted of domestic battery, he or she will face Class 4 felony charges for a second offense. Class 4 felonies are punishable by up to three years in prison.

What to Do If You Were False Accused of Battery

If you were accused of domestic battery against a romantic partner, spouse, family member, or household member, it is important that you seek legal representation immediately. A skilled attorney can help protect your rights and ensure that any evidence that could be used to prove your innocence is gathered and preserved.

An attorney will also be able to review the details of your case and determine which defense strategies may be best for you. Additionally, a lawyer can provide guidance on how to cooperate with law enforcement and the courts while your case is ongoing.

Finally, an attorney may be able to work with prosecutors to negotiate a plea deal that results in reduced charges or penalties. This could be critical if you are facing jail time or other serious penalties as a result of being accused of domestic battery.

Do not contact the person who accused you of the offense. Anything you say or do may be used against you in court. If an order of protection was taken out against you, make sure to follow all of the instructions contained in the order. This may require you to temporarily move out of your home or surrender your FOID card.

Contact a Naperville Criminal Defense Lawyer

If you are facing charges for domestic battery, contact our DuPage County criminal defense attorneys for legal help. We have ample experience defending against domestic battery charges, and we can provide you with the legal advice and representation you need to fight your case. Call 630-953-3000 and set up a confidential consultation.

Source:

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