When conflict in your household gets out of control, a simple argument can escalate to the point where the police get called. If that happens, you may end up facing domestic battery charges. A domestic battery charge in Bloomington, Illinois, could result in almost a year in jail for a first offense. If you have prior convictions or aggravating circumstances, you could go to prison for several years. A domestic violence charge is a serious matter that requires the guidance of an experienced Bloomington domestic violence lawyer to protect your rights and handle the legal process. You need the help of a domestic violence defense lawyer in Bloomington from Bruno Law Offices today.

Don’t leave your future and your freedom to chance. A Bloomington domestic battery attorney from Bruno Law Offices can help you mount a vigorous defense against these charges. Our attorneys have extensive experience in developing and executing effective strategies against domestic battery charges. As domestic violence lawyers in Bloomington, we have successfully handled similar cases in Bloomington, IL, and understand the complexities involved in domestic violence matters.

Founded in 1980, Bruno Law Offices has established a reputation as a law firm providing legal representation to clients in Bloomington, IL, through its criminal defense attorneys and domestic violence attorneys. If you need a domestic battery lawyer who knows how to defend against serious charges, call Bruno Law Offices at 309-861-9960 or contact us online today.

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Domestic Battery Charges in Illinois

When you hear the words “domestic battery,” you may assume that they refer to beating a member of your family or your household. If that’s not what you did, can you still be charged with domestic battery in Illinois?

The truth is, you can be charged with domestic battery in Illinois even if you did not physically attack anyone. Domestic assault and other related offenses are also considered serious crimes under Illinois law. Under Illinois law, a person is guilty of domestic battery if they:

Knowingly or intentionally cause bodily injury or harm to anyone in their household or family without legal justification.
Knowingly or intentionally make physical contact of an insulting or provoking nature with anyone in their household or family without legal justification.

This means that you can be charged with domestic battery for beating a family member, but you can also be charged with domestic battery for grabbing their wrist, or shoving them, or even putting your hands on them. It all depends on the circumstances. What makes physical contact insulting or provoking? If your case goes to trial, a jury will have to decide whether your actions constituted domestic battery. These actions are classified as crimes and can result in significant legal consequences.

The key point is whether you were committing these acts knowingly and intentionally, without legal justification. That means you cannot be convicted of domestic battery for accidental contact, and you cannot be convicted if you had legal justification for your actions, such as self-defense. If you were trying to protect yourself from a physical attack, that can be a powerful defense against a domestic battery charge.

Protective Orders

You may also be subject to a no-contact or restraining order or contact orders along with criminal charges. If a person obtains a protective order against you, it is extremely important that you not attempt to contact them or violate the order in any way, as restraining orders and contact orders are legal measures designed for the protection of victims. Otherwise, you could face additional charges. A domestic battery charge becomes a felony if you have a prior conviction for violating a protective order. Complying with these orders is important to ensure the protection of all parties involved.

What if You Already Have a Criminal Record?

Domestic battery is normally a Class A misdemeanor, but can be a Class 4 felony if you have a prior conviction for any of the following charges:

Violating a protective order
First-degree murder or attempted first-degree murder
Aggravated domestic battery
Aggravated assault or battery
Heinous battery
Aggravated stalking
Criminal sexual assault
Kidnapping
Predatory criminal sexual assault of a child
Unlawful restraint
Aggravated arson
Aggravated discharge of a firearm

These offenses are classified as felonies and carry severe penalties, including lengthy prison terms or, in the most serious cases, the death penalty.

Any repeated offense of domestic battery is also a felony charge. If you have two prior convictions for domestic battery, it’s a Class 4 felony. Three prior convictions will result in a Class 3 felony. If you have four prior convictions, it’s a Class 2 felony. Multiple convictions can result in significant legal penalties, such as substantial fines, long-term imprisonment, and loss of civil rights.

Aggravated Domestic Battery

Aggravated domestic battery is a more serious criminal charge than domestic battery. Additionally, aggravated domestic battery is a Class 2 felony. In Illinois, a person is guilty of aggravated domestic battery if they knowingly or intentionally:

Cause great bodily harm to a family or household member
Cause great permanent disability to a family or household member
Cause disfigurement of a family or household member
Strangle a family or household member
Use a deadly weapon during the offense, which can further increase the severity of the charge

Aggravated domestic battery is a form of domestic abuse and can result in a domestic violence conviction, leading to serious legal and personal consequences.

Who Counts as a Family or Household Member?

In Illinois, any of the following people can be considered a family or household member for domestic battery charges:

Your spouse
Your former spouse
Your parents
Your children or stepchildren
Anyone related to you by blood
Anyone related to you by marriage or former marriage
Anyone who lives with you
Anyone who used to live with you
Anyone you share a child with, or who alleges that you share a child with them
Anyone related to you through a child
Someone you are dating
A fiancée
A caregiver or personal assistant if you are disabled

Illinois family law is designed to protect family members, intimate partners, and other victims of domestic violence, recognizing the unique risks and challenges faced by individuals in these relationships.

Penalties for Domestic Battery

Penalties for domestic battery in Illinois depend on whether you are convicted of a misdemeanor or a felony domestic battery charge. If you’re a first-time offender charged with misdemeanor battery, penalties can include:

Up to 364 days in jail
Probation
Conditional discharge
Community service

You may also have to pay a fine of up to $2500. A conviction carries serious legal consequences, including a permanent criminal record, and broader consequences such as loss of employment opportunities, damage to reputation, and restrictions on certain rights.

For a Class 4 felony, penalties can include:

One to three years in prison, or three to six years if sentenced to an extended term
Probation or conditional discharge

For a Class 2 felony like aggravated domestic battery, you can serve:

Up to seven years in prison
Fines up to $25,000
Mandatory minimum of 72 hours’ imprisonment for a second or subsequent domestic battery conviction.

In addition to fines and imprisonment, a conviction has significant legal implications, such as loss of firearm rights, challenges in securing housing or employment, and long-term consequences that can affect many aspects of your life.

What Will Happen After a Domestic Battery Arrest?

After an arrest, the criminal process involves several key elements, including police reports, prosecutors, and the alleged victim. Assuming you’re charged with a misdemeanor rather than a felony, this is what will happen after a domestic battery arrest in Illinois:

Your first court hearing is called an arraignment. The court will advise you of the charges against you and set a bond. The court will appoint a public defender if you can’t afford an attorney.
Police reports play a crucial role in initiating charges, as they document the alleged incident. Police reports are often the basis for filing charges, and prosecutors review these reports and the alleged victim’s statements to determine how to proceed with the case. They are then reviewed by prosecutors, who decide whether to move forward with the case.
Your second hearing is called the pre-trial hearing. At this hearing, you can ask the court to set a date on which you can enter a guilty plea, or you can ask the court to schedule a trial date. You can also request the court to continue the case if you need more time.
You can plead guilty if you’ve agreed to a plea bargain with the prosecutor in exchange for reduced charges or a reduced sentence.
If you don’t want to plead guilty, the next step is a jury trial. The court will only convict you if all 12 jurors agree that the prosecution has proved the charges against you. If the jurors agree to find you not guilty, you will be acquitted. If the jurors cannot agree, the judge will declare a mistrial.
If you are convicted, the judge will sentence you approximately 30 days after the trial.

Defending Against Domestic Battery Charges

When you contact us about your domestic battery charges, we will consider the circumstances of your case and then select the most effective defense strategy. As the accused, it is crucial to respond quickly to domestic violence accusations to protect your rights and future. Our options include:

Arguing that you were attacked and acting in self-defense. You cannot be convicted of domestic battery if you were defending yourself against an attack, especially when protecting yourself as a victim of aggression.
Arguing that physical contact was incidental or unintentional and not insulting or provoking.
Arguing that the charges against you are false allegations or false accusations. People sometimes bring false accusations against each other due to anger, revenge, or the desire to win a child custody case, which can have a serious impact on the victim and the accused.
Showing that your accuser’s statements do not match any physical evidence.

The best strategy in your case depends on the facts. Tell us what happened, and we will know what strategy to pursue. A dismissal or an acquittal is always the best outcome, but a strong, aggressive defense that considers the big picture of your case can help you even when an acquittal is impossible. If our domestic violence attorneys in Bloomington can weaken the prosecution’s case against you, they may offer reduced charges with lower penalties in exchange for a plea bargain.

Family Law Issues

Domestic battery charges can affect child custody decisions in Illinois. In some cases, this can create a motive for false allegations of domestic battery. When an Illinois court decides which parent will have custody, the judge must base the decision on the child’s best interests. The factors used to make this decision include:

Any history of physical violence toward the child
Any history of abuse toward either the child or another member of the child’s household

Domestic violence charges in Illinois can have far-reaching effects in domestic violence cases within the legal system, impacting not only custody but also personal rights and future opportunities.

After a conviction for domestic battery, you can lose custody of your children even if you don’t get sentenced to time in jail. That’s another reason to mount the strongest possible defense against these charges with the help of an experienced Bloomington domestic battery defense attorney.

Contact a Bloomington Domestic Violence Attorney Today

If you’re facing battery charges in Bloomington, Illinois, including Bloomington domestic violence cases, contact us immediately to speak with our team of domestic violence attorneys. Our Bloomington criminal defense attorneys, including experienced lawyers who handle domestic violence cases, have defended people against serious criminal charges in Illinois since 1980 and will fight vigorously for your legal rights.

We know how important it is to your future to mount the strongest possible defense against these charges. If you’re facing domestic battery charges in Bloomington, Illinois, call Bruno Law Offices at 309-861-9960 or fill up our contact form immediately.