Will County Domestic Battery Lawyer

Have you been arrested for domestic battery or served with a restraining order in Will County? If so, you will need the services of a criminal defense lawyer who has handled many domestic relations cases. Schedule an in-office consultation with our Will County domestic violence attorneys today. Our phone number is (312) 466-9466.

If you are being prosecuted for domestic battery in Will County, your charges are defined by the Illinois Criminal Code. Domestic battery is defined rather widely by Illinois state law.

Domestic battery consists of intentionally or knowingly, without legal justification, by any means causing bodily harm, or making physical contact of an insulting or provoking nature. In addition, that person must be a family or household member, or related by blood or marriage, which includes boyfriend or girlfriends.

In Illinois, the State's prosecutors have the final say on whether a domestic violence case will be prosecuted. It is uncommon in Will County for the State's Attorney Office to drop a Domestic Battery case just because the victim changed their story or wants to drop charges.

This means that if a partner or spouse has brought a false domestic battery charge against you, the case will not go away just because the complaining witness wishes to drop the charge. The charge will most likely become a prosecution, and the most effective strategy you can pursue is seek the representation of an aggressive Will County criminal defense attorney who will prove in court that the allegations were made up.

Will County Domestic Battery Statistics

In 2015, the state of Illinois recorded over 100,000 instances of domestic offense, 60% of which were Domestic Battery. Domestic Battery charges are not uncommon in Illinois, so if you find yourself facing charges, it is important to find a criminal defense attorney who has argued this type before.

In Will County specifically, 3,460 domestic offenses were reported in the year 2015 and 3,803 the year before. Given the overall statistics for Illinois, it follows that at least half of these cases were Domestic Battery offenses.

Will County Domestic Battery Sentences

A Will County Domestic battery conviction can carry a range of sentences. Domestic battery is usually considered a class A misdemeanor which can warrant a sentence of up to 364 days in jail. A judge or jury can also sentence a defendant to mandatory domestic violence training if the circumstances warrant it.

If an offense is more serious, the State can escalate the charge to Aggravated Domestic Battery. To meet this standard, the offense must have caused "great bodily harm," or the defendant must be a multiple offender. For this more serious charge, the state can issue prison sentences of three to seven years depending on the severity of the battery.

Some elements are certain with a domestic battery conviction. The offense will frequently result in a "no contact" provision that prevents any interaction with the accuser and residence involved. Additionally, if you are a gun owner and carry a FOID card, that privilege will be revoked along with any concealed carry permit. Lastly, any Will County resident convicted of domestic battery cannot receive a supervision as a sentence and instead must receive a permanent conviction that cannot be removed from a criminal record. In other words, it does not matter whether you are convicted of a misdemeanor or felony -- a domestic battery conviction cannot be removed from a criminal record.

Domestic Battery Cases Handled By Our Will County Criminal Defense Attorneys

If you have been charged with Domestic Battery in Will County, it doesn't mean you'll be convicted. There are several strategic cases a defendant can put forth as a defense, and if executed successfully, it can result in charges being dismissed or a Not Guilty finding.

For example, a common defense for Will County Domestic Battery charges is self-defense. If you think this defense may apply to you, or if you would like to understand other avenues to argue your Will County Domestic Battery case, call our office at (312) 466-9466 to schedule an in-person consultation.