There are two ways for a domestic battery to become an aggravated offense in Illinois:
- You knowingly caused great bodily harm, permanent disability or disfigurement to a family or household member, or
- You strangled a family or household member causing bodily harm or making physical contact of an insulting or provoking nature.
See 720 ILCS 5/12-3.3 Aggravated Domestic Battery.
A “family or household member” includes your current or ex-spouse, parent, child or step child, blood or marital relatives, former housemates, your child’s other parent or blood relatives, your past or current dating relationships or engagements, as well as disabled persons and their assistants. See 725 ILCS 5/112A-3 Definitions.
Aggravated domestic battery is a Class 2 felony, punishable by 3 to 7 years in prison.
If you are charged with aggravated domestic battery or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible offense. Can the state prove all the elements of the offense beyond a reasonable doubt? Were you actually in a dating relationship or did you just go out casually? Were you acting in self defense or protecting a third person? Did you act knowingly? For example in one Illinois case, the police tased the defendant who then fell on the victim and broke her arm. Because he could not control his muscles, his action was involuntary, and thus he did not act knowingly. (See People v. Martino.) Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
See our related posts at What Does it Mean to “Share A Common Dwelling” Under Illinois Domestic Battery Law?, Is it Really a Relationship Under Illinois Domestic Battery Law? and What is Domestic Battery Under Illinois Law?
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
