Aggravated Domestic Battery Defense Attorney in Chicago
If you have been arrested for or charged with aggravated domestic battery, you are facing serious penalties. Aggravated domestic battery is more serious than regular domestic battery because it means someone has suffered severe bodily harm or it was alleged that strangulation was involved. Aggravated domestic battery is a felony offense and there are only a few acceptable defenses that can justify such a charge under the law. In some circumstances, the charges may have been the result of false allegations. But in any event, if you’ve been charged with such an offense, you have the right to a fair trial and legal representation.
The attorneys at Mitchell S. Sexner & Associates LLC have spent over 30 years defending people who have been charged with serious offenses, and we are known for our successful results in the Chicago area. We will take the time to understand your side of the story and all of the details surrounding what happened and make sure that your voice is heard in court.
Contact the Chicago Assault & Battery defense lawyers of Mitchell S. Sexner & Associates LLC today at (312) 644-0444 for a free consultation and we can go over the details of your case in order to give you an honest assessment of what we may be able to do to help.
How a Lawyer Can Help
When you are facing charges for aggravated domestic battery, you need an attorney who will work with you and build a strong defense based on the facts you share with them. Each situation is completely unique, and no one should be subject to biases or stereotypes that can affect the outcome of their case. Sometimes the victim can exaggerate what happened or present false accusations. In some cases, men are unfairly blamed for causing violent situations where a woman was injured, even if their actions were actually in self-defense.
Overall, it is rare for the State’s Attorney to dismiss aggravated domestic battery charges outright because the complaining witness is often strongly vested in the prosecution of the case and would strongly oppose such a move. Once we examine the case thoroughly, if you and our attorneys decide that a trial is not your best alternative, we can explore other options, such as a plea agreement that might reduce your charges to a misdemeanor.
What Is Aggravated Domestic Battery?
There are two components to aggravated domestic battery. First, the parties must have a “domestic” relationship, and there are certain criteria that define such a personal relationship. This can include current or former spouses, children, someone related by blood, someone who lives or previously lived together, and many other specific examples. Whether or not your relationship with the victim is considered domestic in nature will have a significant impact on the potential penalties involved.
The other important aspect relates to the severity of the injuries sustained by the victim. If you have a history of domestic violence, subsequent offenses may count as aggravated domestic battery rather than regular domestic battery. If you do not have a previous criminal history, you could still be charged with aggravated domestic battery If the victim suffered:
- Permanent disability
- Great bodily harm
You may also be charged with aggravated domestic battery if the victim was strangled, even for a moment. Strangulation means the flow of blood or ability to breathe was cut off either by blocking the mouth or nose or by applying pressure to the neck or throat. Since this contact counts as aggravated domestic battery even if the victim did not suffer permanent damage, it can sometimes be hard to prove exactly what happened since the judge may be relying solely on the victim’s testimony without any physical or scientific evidence.
Possible Penalties If You Are Convicted
Aggravated domestic battery charges are a Class 4 Felony, and under Illinois Law, the punishment is much greater than a regular battery charge. This may include a prison sentence of one to three years and fines up to $25,000. You may also be required to complete a domestic violence course and a drug and alcohol evaluation with treatment requirements if necessary.
Even after you have served your sentence, having aggravated domestic battery on your criminal record can greatly affect your ability to get a job, find a place to live, spend time with your children, and many other aspects of your future. If you are not a U.S. citizen, you may face serious immigration consequences as well. Our attorneys understand the high stakes of your situation, and we have the skills necessary to build a strong defense in hopes of reaching the best possible outcome.
Types of Defenses Possible
The only way to justify the actions that severely injured a victim is if you can prove that your actions were taken in self-defense or the defense of property or defense of another person. You will need to be able to prove in court that your actions were the last resort and the only possible way to have prevented harm to yourself or others. If there is evidence that you started the fight or acted with unnecessary force or aggression, it will be hard, if not impossible, to win the case.
In court, a judge will often want a detailed play-by-play of what occurred before they will make a decision. Our attorneys will spend adequate time before the trial listening to your side of the story and helping you document the order of events, so that you are well prepared for trial. Once in court, we know how to ask the right questions and find inconsistencies in the victim’s story that can lead the judge to a more complete understanding of what occurred.
Contact an Aggravated Domestic Battery Defense Attorney in Chicago
As you prepare to go to trial for an aggravated domestic battery defense charge, you need an attorney who knows what they are doing on your side. Mitchell S. Sexner & Associates LLC has a 30-year reputation for being fair, professional, and honest lawyers. While some law firms overpromise and give false hope, our attorneys just tell you the truth. Sometimes the truth is hard to hear, but when you approach your trial with realistic expectations, you will be more prepared to handle everything that comes your way.
We promise to be upfront about the overall cost of our services from the very beginning. When you need help fighting serious charges, you can count on Mitchell S. Sexner & Associates LLC to work our hardest to help you achieve the best possible outcome. Contact us today at (312) 644-0444 to schedule a free consultation.