Evanston, Illinois Domestic Battery and Violence Attorney Matthew R. Gebhardt examines the offense of Domestic Battery and Domestic Violence and their penalties under the laws of the State of Illinois.

 Posted on October 07, 2013 in Cook County criminal attorney

Evanston, Illinois Domestic Battery and Violence Attorney Matthew R. Gebhardt examines the offense of Domestic Battery and Domestic Violence and their penalties under the laws of the State of Illinois.

Domestic Battery or Domestic Violence can be charges as a Class A Misdemeanor or Felony in Evanston, Illinois.   Supervision is not a possible disposition which means any conviction to theses types of charges will result in a permanent conviction on your record. Convictions can lead to jail time and can negatively impact citizenship status if you are not a citizen of the United States.

Definitions of Domestic Battery / Domestic Violence

(a) A person commits domestic battery if he or she knowingly without legal justification by any means:

(1) Causes bodily harm to any family or household

 member;

 (2) Makes physical contact of an insulting or

 provoking nature with any family or household member.

(a) A person who, in committing a domestic battery, knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.

 (a-5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. For the purposes of this subsection (a-5), "strangle" means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.

(a) As used in this Section:

 "Domestic violence" means attempting to cause or causing abuse of a family or household member or high-risk adult with disabilities, or attempting to cause or causing neglect or exploitation of a high-risk adult with disabilities which threatens the adult's health and safety.

 "Family or household member" means a spouse, person living as a spouse, parent, or other adult person related by consanguinity or affinity, who is residing or has resided with the person committing domestic violence. "Family or household member" includes a high-risk adult with disabilities who resides with or receives care from any person who has the responsibility for a high-risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of an adult with disabilities voluntarily, by express or implied contract, or by court order.

"High-risk adult with disabilities" means a person aged 18 or over whose physical or mental disability impairs his or her ability to seek or obtain protection from abuse, neglect, or exploitation.

"Abuse", "exploitation", and "neglect" have the meanings ascribed to those terms in Section 103 of the Illinois Domestic Violence Act of 1986.

(Source: P.A. 96-1551, eff. 7-1-11.)

SENTENCING

(b) Sentence. Domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for violation of an order of protection (Section 12-3.4 or 12-30), or any prior conviction under the law of another jurisdiction for an offense which is substantially similar.

(b) Sentence. Aggravated domestic battery is a Class 2 felony. Any order of probation or conditional discharge entered following a conviction for an offense under this Section must include, in addition to any other condition of probation or conditional discharge, a condition that the offender serve a mandatory term of imprisonment of not less than 60 consecutive days. A person convicted of a second or subsequent violation of this Section must be sentenced to a mandatory term of imprisonment of not less than 3 years and not more than 7 years or an extended term of imprisonment of not less than 7 years and not more than 14 years.

(Source: P.A. 96-1551, eff. 7-1-11.)

ALTERNATIVE SENTENCING

While the sentencing options above may seem quite rigid, there are sentencing alternatives in Evanston, Illinois. On of the best alternative sentences for a Domestic Battery case is to seek a reduction of the charge. Often times, the State may be willing to reduce your charges to a supervision eligible offense in return for your successful completion of an anger management class.

WHAT MY OFFICE CAN DO FOR YOU

Many criminal defense attorneys apply a one-size-fits-all mentality to defending their clients when charged with Domestic Battery and Domestic Violence in Evanston, Illinois. At the The Law Offices of Matthew R. Gebhardt, P.C., we understand that the circumstances surrounding any Domestic related arrest are unique, and we tailor our defense strategies to match those circumstances. Attorney Matthew R. Gebhardt takes the time to listen to his clients and works with them to build an effective case. We make sure our clients are always informed and can actively participate in their defense.

A former prosecutor, Mr. Gebhardt is a tough litigator and is always prepared to take a case to trial. Wherever possible, however, we look for opportunities to have cases dismissed and charges dropped or reduced. Our goal is to get you through this embarrassing event with as few consequences as possible. If you are ultimately sentenced to court supervision, we may also be able to help you have the arrest wiped from your criminal record through expungement.

If you or someone you know has been arrested for Domestic Battery or Domestic Violence, contact us to schedule a free consultation to discuss your case.

As always, the Law Office of Matthew R. Gebhardt, P.C. offers free consultations for anyone charged with a Domestic Battery or Domestic Violence in Evanston, Illinois or any other municipality.