Proven Trial Attorney
Handling The Toughest Cases

How can we help with a Domestic Battery Charge?

| Feb 13, 2014 | Criminal Defense |

Fenbert & Associates defends men and women charged with Domestic Battery in violation of 720 ILCS 5/12-3.2 across Chicago and Cook, DuPage, Will, McHenry and Kane counties. Mr. Fenbert is an experienced and aggressive attorney ready to challenge the weight and sufficiency of the evidence and ensure that the prosecution meets its burden of proof. A Domestic Battery charge can severely impact a person’s career, reputation and liberty.

STATUTE

Domestic Battery is a crime in Illinois. 720 ILCS 5/12-3.2 entitled Domestic Battery provides that, 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;
  1. Makes physical contact of an insulting or provoking nature with any family or household member.

To read the Statute in full: Domestic Battery Statute

PENALTIES

Generally, Domestic Battery is a Class A Misdemeanor. However, Domestic Battery can be charged as a felony under some circumstances, including a prior conviction for Domestic Battery. Further, there are other collateral consequences. For example, upon conviction of domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: “An individual convicted of domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9)).”

CRAFTING A DEFENSE

No criminal case is the same, but all cases are defensible in Illinois. The prosecution faces the challenge of having to prove each and every element of domestic battery beyond a reasonable doubt. This includes knowingly causes bodily harm to any family or household member.

For example, sometimes officers or the prosecutor incorrectly charge a person with domestic battery where the alleged victim (complainant) is not a family or household member as defined 725 ILCS 5/112A-3: “Family or household members” include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in subsection (e) of Section 12-4.4a of the Criminal Code of 2012.1 For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.”

There are other elements that a experienced defense attorney will attack.

NEXT STEPS

Fenbert & Associates represents men and women charged Domestic Battery. For a Free Consultation call Richard at 630-917-2051. He will discuss the strengths and weaknesses of your case, the possible penalties, and your desired outcome.