Aggravated domestic battery is a class 2 felony in Illinois and is generally punishable by between 3 to 7 years in prison. All Illinois aggravated battery offenses are a felony offence ranging from a Class 3 Felony up to a Super Class X Felony. (b) Sentence. Aggravated domestic battery can only occur between people with certain types of relationships. The Illinois laws against aggravated domestic battery appear at 720 ILCS 5/12-3.3. Website. Website. Conviction includes the possibility of three to seven years in prison or probation with a minimum of 60 days in prison. a. The following sections of the aggravated assault statute (720 ILCS 5/12-2) are classified as a Class A Misdemeanor: (a) Any aggravated assault based only on location. Aggravated Domestic Battery Sentencing. Yes, domestic violence ground. Aggravated kidnaping. 720 ILCS 5/11-1.60 - Aggravated Criminal Sexual Abuse. While the legal process continues to play out in this case, it seems appropriate to review the Illinois statutes governing regular and aggravated domestic battery. Aggravated domestic battery-a Class 2 felony-is a more serious offense than aggravated battery, which is generally a Class 3 felony. In his years working as a Chicago criminal attorney, Andrew M. Weisberg has been able to help clients obtain positive outcomes in the following types of cases: 720 ILCS 5/20-1.1 - Aggravated Arson. This more serious designation of battery charges is prosecuted as a Class 2 felony. However, the previous victim must be an IDVA family or household member for: Individuals on this website are innocent until proven guilty by a court of law. A person also can be charged with aggravated battery under 720 ILCS 5-12-3.05(a)(4) for knowingly committing a battery against a person over age 60. 720 ILCS 5/10-3. Aggravated Domestic Battery Defense Lawyer Andrew M. Weisberg As serious an offense as domestic battery is under 720 ILCS 5/12-3.2, if certain factors are present the case can be elevated to a Probation is available for first offenses; however, if the person is convicted for a second or subsequent aggravated domestic battery offense, the person must be sentenced to between 3 to 14 Illinois Aggravated Battery Statute. However, the court may sentence the defendant to probation. Aggravated battery is different from battery in that it occurs when a person in committing a battery intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement or when a person uses a deadly weapon. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she is or the person battered is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter. Someone who used a firearm or was accused of battery against a child would face a Class X felony. Quite often, a person is arrested for aggravated battery along with several other criminal offenses. However, the sentence could be extended to up to 14 years in prison. The potential penalty is up to 364 days in jail and a maximum fine of $2,500. Aggravated domestic battery is classified as a Class 2 felony. Violation of an order of protection. Aggravated battery is a more serious form of battery in Illinois, and is a felony . ILCS 70/3.03-01 or 510 ILCS 70/4.01 or Section 26-5 of the Criminal Code of 1961, 710 ILCS 5/26/-5 or Section 48-1 of the Criminal Code of 2012, 720 ILCS 5/48-1] Th e Illinois Athletic Trainers Practice Act, 225 ILCS 5/1 et seq. 720 ILCS 5/10-1. aggravated domestic battery and aggravated battery. The requirements for probation on a domestic battery offense will be domestic violence counseling. If youre convicted of aggravated domestic battery, which means you knowingly caused great bodily harm, or permanent disability or disfigurement, or you strangled the other party, its a Class 2 felony. Any person who initiates this type of contact can face criminal penalties, including jail time and fines. Usually, if a States Attorney can see even minor bruising or swelling in the neck area of the victim, the prosecutor will charge you with Aggravated Domestic Battery. Battery. A person can commit aggravated battery in several ways under Illinois law 720 ILCS 5/12-3.05. (b) (1) Victim is 60+ yrs old or disabled. Illinois Aggravated Battery Is A Felony. Understanding Aggravated Domestic Battery under Illinois Criminal Laws (720 ILCS 5/12-3.3) A person can be convicted of domestic violence in Illinois if he or she intentionally or knowingly by any means causes bodily harm to any member of the individuals household or family. The Law 720 ILCS 5/12-3.3. A person also can be charged with aggravated battery under 720 ILCS 5-12-3.05(a)(4) for knowingly committing a battery against a person over age 60. (720 ILCS 5/12-3.3) Sec. Domestic battery is a Class 4 felony if the defendant has any prior conviction for domestic battery. A charge of aggravated battery under 720 ILCS 5/12-3.05 does not often exist alone. Domestic battery includes intentionally or knowingly causing bodily harm to a family or household member or someone the accused has been in a previous or current relationship with. Due to the way that the Illinois aggravated battery law is written, almost any battery in Illinois could be charged as an aggravated battery, making the maximum penalty 5 years in an Illinois state prison, and a fine of $10,000.00. Assault 720 ILCS 5/12-1 If you have been charged with any of these crimes or any combination of them, Madison County Defense Lawyer Robert Bas can provide you with the legal counsel and representation that you will need as you attempt to build an adequate defense to combat the charges against you. (b) (3) Victim is Penalties for Aggravated Domestic Battery in Illinois. In Illinois Aggravated Battery is a simple battery with certain aggravating circumstances. Intentionally or knowingly causing great bodily harm, or permanent disability or disfigurement. Website. 721 ILCS 5/10-2. Aggravated Domestic Battery vs. Other Types of Aggravated Battery. Illinois law outlines the criminal offenses that are domestic battery bodily harm and aggravated domestic battery. Illinois statute 720 ILCS 5/12-4 states explicitly states that if any of the following aggravating factors exist, it may lead to an aggravated battery charge: Use of a deadly weapon. A person can commit aggravated battery in several ways under Illinois law. With a Class 2 felony, youre looking at a prison term of 3 to 7 years. 720 ILCS 5/11-1.30 Aggravated Criminal Sexual Assault 720 ILCS 5/24-1.2 Aggravated Discharge of Firearm 720 ILCS 5/12-3.3 Aggravated Domestic Battery Just so we all know what I am talking about, I mean the Illinois Code of Criminal Procedure Section 111-3(c). In general, the Illinois Criminal Code (720 ILCS 5/12-3.05) organizes various forms of aggravated battery into the following types: Offenses based on injury Offenses based on injury to a child Battery is a class A misdemeanor in Illinois, with penalties that include up to a year in jail. All aggravated battery charges are felonies. If convicted, you could face up to 10 years in prison and up to $5,000 in fines. Section 720 ILCS 5/12-3.05 - Aggravated battery (a) Offense based on injury. Strangles another family or household member. The charges for aggravated battery in Illinois run the range from Class 3 to Class X felony. It provides: 725 ILCS 5/111-8, Orders of protection to prohibit domestic violence II.H. (a) A person who, in committing a domestic battery, knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery. Usually, if a States Attorney can see even minor bruising or swelling in the neck area of the victim, the prosecutor will charge you with Aggravated Domestic Battery. 720 ILCS 5/12-3.3. 725 ILCS 5/112A, Domestic Violence: Order of Protection II.I. As a result, 720 ILCS 5/12-3.3(a-5) states that a person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. If there are prior convictions on your record, you may face up to 14 years in prison. According to 720 ILCS 5/12-3, battery involves physical harm caused to any other individual or an unwanted, insulting, or provoking contact. An arrest does not mean that the individual has been convicted of the crime. (a-5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. With this type of crime, the prosecution must prove intent, which can be difficult to do. battery, domestic battery, aggravated domestic battery, unlawful restraint or aggravated unlawful restraint in the presence of a child. 720 ILCS 5.0/12-3.3-A AGGRAVATED DOMESTIC BATTERY: 720 ILCS 5.0/16-25-A-1 THEFT/DISP MERCH/$300/PRECONV: Run Background Check * Powered by Personal Info Check. Depending on the details of the case, a judge can order an extended term, which ranges from 7-14 years in jail. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. A person commits aggravated domestic battery when the person, knowingly or without legal justification, by any means: Causes great bodily harm, or permanent disability or disfigurement to an individual; or. If you get an extended term, youre looking at 7 to 14 years behind bars. Aggravated domestic battery, 720 ILCS 5/12-3.3 Violation of an order of protection, 720 ILCS 5/12-3.4 Interfering with the reporting of domestic violence, 720 ILCS 5/12-3.5 Aggravated domestic battery II.F. (b) (3) Victim is 720 ILCS 5/12-3.05 - Aggravated Battery. Due to the way that the Illinois aggravated battery law is written, almost any battery in Illinois could be charged as an aggravated battery, making the maximum penalty 5 years in an Illinois state prison, and a fine of $10,000.00. for aggravated assault, the State must prove beyond a reasonable doubt that the defendant, with knowledge that a peace officer was performing official duties, knowingly and without authority engaged in conduct which placed the officer in reasonable apprehension of receiving a Those relationships include: Spouses; The reason this new law is important is that choking or strangulation in the course of a domestic battery is commonplace. Aggravated Domestic Battery was created by the legislature to cover two specific instances of a Domestic Battery. The Criminal Charge of Aggravated Domestic Battery is a Class 4 Felony. Being convicted of a Class 2 felony means that you could be sent to prison for 3 to 7 years. Additional fines imposed as a part of this sentence can be up to $25,000. If you or a loved on has been charged with Aggravated Domestic Battery (also known as Agg Domestic Battery), 720 ILCS 5/12-3.3 in Chicago or the suburbs, contact Chicago criminal defense lawyer Andrew Weisberg immediately. https://illinoiscaselaw.com/illinois-domestic-battery-charge Aggravated domestic battery 720 ILCS 512-3.3 Violation of an order of protection 720 ILCS 512-3.4 Disclosing location of domestic violence victim 720 ILCS 512-3.6 aggravated domestic battery and aggravated battery are other convictions for vacated under the one-act, one-crime rule. The offense itself is found in the Illinois Criminal Code at 720 ILCS 5/12-3.2. (b) (2) Victim is school employee or teacher. Terms Used In Illinois Compiled Statutes 725 ILCS 5/110-6. Domestic Battery. 2 Following a bench trial, defendant James Roberts was found guilty of six counts of aggravated battery and two counts of aggravated domestic battery and sentenced to a The offense is called aggravated domestic battery and the sentence for this offense can be 1-3 years in the Department of Corrections and a fine of $25,000. 720 ILCS 5/123.2(c) (West 2006). (a) A person who, in committing a domestic battery, knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery. Due to the way that the Illinois aggravated battery law is written, almost any battery in Illinois could be charged as an aggravated battery, making the maximum penalty 5 years in an Illinois state prison, and a fine of $10,000.00. Aggravated domestic battery is a Class 2 Felony in Chicago. 720 ILCS 5/12-3.4. To make such a request is "to appeal" or "to take an appeal." An attempt to conceal your identity (being hooded or masked) 720 ILCS 5/12-3.3 (b). The aggravated designation can also apply when a defendant strangles the victim while committing a domestic battery. At the sentencing hearing, the trial court ; found that Nicholson was older than 21 years old and had seven prior felony convictionssix : separate convictions for Class 2 felonies and one conviction for a Class 1 felonyover a period ; of roughly 20 years from 1993. See 720 ILCS 5/12-3.2(b) . The accused has to be at least 18 years of age at the time of the offense. Battery The maximum penalties for the charge of Aggravated Domestic Battery, is between one to three years in the Illinois Department of Corrections and Aggravated battery with a firearm is prohibited in Illinois by Illinois statute 720 ILCS 5/12-3.05 (e). (720 ILCS 5/12-3.3) Sec. 430 ILCS 65/8 (l) - Persons convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction. Telephone Harassment. Aggravated domestic battery is a Class 2 felony. Aggravated battery is a more serious form of battery in Illinois, and is a felony . If convicted, the offender can face a prison sentence between one and three years as well as criminal fines up to $25,000. Both Domestic Battery (720 ILCS 5/12-3.2) and Violation of an Order of Protection can be upgraded to a felony charge if the offender has a previous conviction, regardless if it is the same victim. The Illinois laws against domestic battery appear at 720 ILCS 5/12-3.2. Aggravated domestic battery. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for domestic battery Sec. See 720 ILCS 5/12-3.3(b), 12-4(e) (West 2000). United States v. Alvarenga-Silva, 324 F.3d 884 (7th Cir. Aggravated domestic battery occurs when the accused causes great bodily harm, permanent disability, or disfigurement in the act of domestic battery. 1 Defendant, Darius Martell Foster, pleaded guilty to attempted aggravated domestic battery ILCS 5/8-4(a), (c)(4), 12-3.3(a-5) (West 2016)) and was sentenced to probation. As a result, 720 ILCS 5/12-3.3(a-5) states that a person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery.
