Domestic Battery Lawyer in Bloomington

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. You need the help of a domestic violence defense lawyer in Bloomington 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 developing and executing effective strategies against a domestic battery charge.

Bruno Law Offices is the premier criminal defense firm in central Illinois. Founded in 1980, we have earned our reputation as the gold standard for criminal defense. 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. 

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. Under Illinois law, a person is guilty of domestic battery if they:

  • Knowingly or intentionally cause bodily 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.

The key point is whether you committed 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 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. Otherwise, you could face additional charges. A domestic battery charge becomes a felony if you have a prior conviction for violating a protective order. 

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 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

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. 

Aggravated Domestic Battery

Aggravated domestic battery is a more serious criminal charge than domestic battery. 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

Aggravated domestic battery is a Class 2 felony. 

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

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

You may also have to pay a fine of up to $2500.

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 for a felony can be up to $25,000. There is a mandatory minimum of 72 hours’ imprisonment for a second or subsequent domestic battery conviction. 

What Will Happen After a Domestic Battery Arrest?

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.
  • 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. 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.
  • Arguing that physical contact was incidental or unintentional and not insulting or provoking.
  • Arguing that the charges against you are false allegations. People sometimes bring false charges against each other due to anger or the desire to win a child custody case.
  • 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 defense can help you even when an acquittal is impossible. If we 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

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 Battery Attorney Today

If you’re facing battery charges in Bloomington, Illinois, contact Bruno Law Offices immediately. Our domestic battery defense attorneys 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 immediately.