There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm. Most law firms implement a cookie cutter strategy in order to fight your case, and save their own time. They don‘t look carefully at your situation – they simply want to move on to the next case. At Spodek Law Group, we leave no stone unturned. We do everything possible to win. Everything we do is focused on getting you results. We understand the difficult and challenges of going through a case. If you‘re accused of a crime, schedule a consultation with our criminal attorneys today.
What is Aggravated Domestic Battery in Illinois?
Aggravated domestic battery is a serious felony charge in Illinois. It occurs when someone commits domestic battery and causes:
- Great bodily harm
- Permanent disability
- Permanent disfigurement
- Strangulation
It’s considered aggravated because of the severity of the injuries involved. 4Domestic battery itself refers to any intentional insulting or provoking physical contact with a:
- Spouse or former spouse
- Family member by blood or marriage
- Person you live with or used to live with
- Person you have a dating relationship with
- Person you have a child with
- Person with a disability and their caregiver
So aggravated domestic battery takes that a step further by involving great bodily harm or permanent injuries to one of those people. 3
Examples of Aggravated Domestic Battery
- Punching your spouse and breaking their nose (great bodily harm)
- Hitting your girlfriend so hard she loses vision in one eye (permanent disability)
- Throwing a hot iron at your boyfriend and severely burning/disfiguring his face (disfigurement)
- Choking/strangling your partner during an argument (strangulation)
If convicted, it’s classified as a Class 2 felony. That means potential penalties include:
- 3-7 years in prison
- Up to $25,000 in fines
- Minimum 60 days in jail if granted probation
With prior domestic battery convictions, it becomes even more severe – a minimum 3-7 year prison sentence is mandatory. 4
Why You Need an Aggravated Battery Defense Lawyer
Sorry if that didn’t make sense. Let me be clear – if you’re charged with aggravated domestic battery in Chicago, you need an experienced defense attorney on your side. Here’s why:
- The Stakes Are Extremely High
Aggravated battery is one of the most serious criminal charges you can face in Illinois. With years of potential prison time and a permanent felony record, the consequences are life-altering. - The Prosecution Will Be Aggressive
Domestic violence cases are a priority for prosecutors. They will go full force to secure a conviction, especially when injuries are involved. You need someone who can match their resources and tenacity - There Are Defenses Available
An attorney can analyze all possible defenses, like self-defense, lack of intent, mistaken identity, or violations of your rights during the arrest. Without a lawyer, you may miss opportunities to avoid a conviction. - Skilled Negotiation is Crucial
In some cases, it may be possible to get charges reduced or even dismissed through skilled pre-trial negotiations. An experienced defense lawyer knows how to leverage every angle. - The Court Process is Complex
The criminal justice system is confusing and intimidating for non-lawyers. Having legal guidance ensures you make informed decisions and avoid critical mistakes.
Wait, what did you say? At Spodek Law Group, we take a hands-on, detail-oriented approach for every client. We have an excellent work ethic and constantly collaborate to address each case thoroughly.
Potential Defenses Against Aggravated Battery Charges
While aggravated domestic battery charges are extremely serious, there are valid legal defenses that may apply to your situation:Self-Defense
If you reasonably believed you or others faced an imminent threat of harm, and used an appropriate level of force to protect yourself, self-defense could be a justification.Defense of Others
Similar to self-defense, you may have been acting to protect someone else from the threat of harm or injury.Lack of Intent
Prosecutors must prove you intended to cause great bodily harm or permanent injury. If it was a true accident with no criminal intent, you can‘t be convicted.Mistaken Identity
Eyewitness misidentification happens frequently. If the alleged victim or witnesses were simply mistaken about who committed the crime, that’s grounds for dismissal.Violations of Your Rights
Evidence obtained through illegal searches, lack of probable cause for arrest, coerced confessions, or other constitutional violations may be inadmissible.Credibility Attacks
If the accuser has motivations to lie or inconsistencies in their statements, an attorney can raise doubts about their credibility.The strongest defense will depend on the specific facts of your case. An experienced aggravated battery lawyer will explore all possible strategies.
What to Do If Charged with Aggravated Domestic Battery
Being arrested and charged with a serious crime like aggravated domestic battery is incredibly stressful. But the actions you take in the first few days can have a major impact.
- Exercise Your Right to Remain Silent
Do not discuss the allegations with police or prosecutors without your attorney present. Anything you say can potentially be used against you. - Avoid Contact with the Alleged Victim
Even unintentional contact could lead to additional charges for violating a no-contact order. Steer clear completely. - Hire an Experienced Defense Lawyer Immediately
The sooner an attorney gets involved, the better they can start building a defense strategy and protecting your rights. - Follow All Release Conditions Precisely
If released on bond, follow all conditions exactly as ordered, such as attending counseling, maintaining employment, or electronic monitoring. - Document Everything Thoroughly
Write down all details you can recall about the alleged incident, potential witnesses, your whereabouts, etc. Memories fade over time. - Avoid Discussing the Case
Don’t post about it on social media or talk to anyone other than your lawyer. Anything you say could potentially hurt your defense.
Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in. Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.
Potential Penalties and Sentencing
The penalties for aggravated domestic battery in Illinois depend on the specific circumstances, but all scenarios are treated extremely seriously:Misdemeanor Domestic Battery
If there are no aggravating factors like great bodily harm, it could potentially be charged as a misdemeanor. Penalties may include:
- Up to 1 year in county jail
- Fines up to $2,500
- 1 year of court supervision or probation
Felony Aggravated Domestic Battery
Most cases involving great bodily harm or permanent injury will be charged as a Class 2 felony. This means:
- 3-7 years in state prison
- Up to $25,000 in fines
- At least 60 days in jail if granted probation
Aggravated Factors
If the victim was over 60, disabled, or a member of certain other protected classes, it becomes a more serious Class 1 or Class X felony.
- Class 1: 4-15 years in prison
- Class X: 6-30 years in prison
Prior Convictions
Those with a previous conviction for aggravated domestic battery face enhanced mandatory minimum sentences:
- 2nd conviction: At least 3 years in prison
- 3rd conviction: At least 7 years in prison
In addition to incarceration and fines, consequences may include:
- Probation or court supervision
- Anger management/batterer’s counseling
- Restraining/no contact orders
- Loss of gun ownership rights
- Difficulty finding employment/housing
The bottom line is that an aggravated domestic battery conviction carries extremely harsh, life-altering penalties. Hiring a top-notch defense lawyer is crucial.
Why Choose Spodek Law Group?
At Spodek Law Group, our criminal defense team has successfully handled countless aggravated battery and domestic violence cases in Chicago. Here‘s what sets us apart:
Proven Courtroom Skill
Our attorneys are aggressive litigators with extensive trial experience. We have a track record of winning tough cases that others might have pled out.
Meticulous Preparation
We leave no stone unturned when investigating cases and crafting defense strategies. You can count on our team’s tireless work ethic.
Zealous Advocacy
We treat every client like family and fight tirelessly to protect their rights, freedom, and future. Client interests always come first.
Open Communication
You’ll never be left in the dark about your case. We provide frequent updates and ensure you understand all your options.
Personalized Attention
We take a hands-on approach tailored to each client‘s unique situation and needs. You‘re never just another case file.
Unwavering Integrity
Our firm was founded on the highest ethical principles. We will always be fully honest and upfront with you about your case’s strengths and weaknesses.Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could‘ve won the case. The only way to truly know is to hire a private criminal defense attorney. At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you.
What to Expect From the Legal Process
Being charged with aggravated domestic battery in Chicago triggers a lengthy and complex legal process. Understanding what to expect can help ease some of the stress:
Arrest and Charges
You’ll likely be arrested if police have probable cause you committed aggravated battery. Charges will then be officially filed by the prosecutor’s office.
Bond Hearing
At an initial hearing shortly after arrest, a judge will set conditions for your release on bond or hold you in custody until trial.
Discovery Process
Your attorney and the prosecutor will exchange evidence like police reports, medical records, witness statements, etc. This allows both sides to build their case.
Pre-Trial Motions
Motions may be filed to suppress evidence, dismiss charges, or take other pre-trial actions depending on the circumstances.
Plea Negotiations
In many cases, plea bargaining occurs where your lawyer may negotiate to have charges reduced in exchange for a guilty plea.
Trial Preparation
If no plea deal is reached, your lawyer will thoroughly prepare for trial by interviewing witnesses, reviewing evidence, crafting a defense strategy, etc.
Trial
At the trial, prosecutors must prove guilt beyond a reasonable doubt by presenting evidence and witness testimony. Your defense attorney will vigorously cross-examine and present your case.
Verdict and Sentencing
If found not guilty, you‘ll be free to go. If convicted, a separate sentencing hearing will determine the penalties within the allowable range.
Appeals
If you‘re convicted, your attorney can file appeals based on errors made during trial or other legal grounds for overturning the verdict.The process is document-intensive and procedurally complex. Having an experienced aggravated battery defense lawyer to guide you is invaluable.
Frequently Asked Questions
What’s the difference between domestic battery and aggravated domestic battery? Domestic battery refers to any insulting physical contact with a household/family member. Aggravated domestic battery involves great bodily harm, permanent injury, or strangulation.
Can I get aggravated battery charges dropped? Potentially, if your attorney can show lack of evidence, self-defense, violations of your rights, or other legal grounds for dismissal. Skilled negotiation is key.
Do I have to take a plea deal if offered? No, the decision is always yours. Your lawyer will advise on pros and cons, but you have the final say on whether to go to trial or accept a plea bargain.
What if I was falsely accused? False allegations do happen, especially in heated domestic situations. An attorney can attack the accuser’s credibility and present evidence of your innocence.
How much does an aggravated battery defense lawyer cost? Costs vary based on experience, location, complexity of the case, and whether it goes to trial. Top defense attorneys often require substantial retainers.
Can I get deported if convicted of aggravated domestic battery? Yes, aggravated battery is considered a deportable violent crime for non-citizens, even legal permanent residents. Avoiding conviction is critical.
