Allegedly, the Bloomington man attempted to strangle a female victim. This man also threatened to shoot the victim if they attempted to contact the police or otherwise seek help.
As a result of this incident, the authorities charged the Bloomington man with two counts of domestic battery and one count of aggravated battery. At this point, the Bloomington man remains in police custody after declining to post bail.
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.
The Illinois laws against domestic battery appear at 720 ILCS 5/12-3.2. Under this section, a person commits domestic battery if they knowingly and without legal justification:
- Cause bodily harm to any family or household member; or
- Initiate physical contact of an insulting or provoking nature with any family or household member.
Section 12-3.2 also establishes the penalty for domestic battery. Under this section, domestic battery is typically charged as a Class A misdemeanor on the first offense. If convicted, the offender can face a maximum punishment of 364 days in jail and $2,500 in criminal fines.
That being said, a prior conviction for domestic battery or similar offenses can result in a more severe punishment. In these situations, domestic battery is usually charged as a Class 4 felony. If convicted, the offender can face a prison sentence between one and three years as well as criminal fines up to $25,000.
Aggravated Domestic Battery
The Illinois laws against aggravated domestic battery appear at 720 ILCS 5/12-3.3. Under this section, a person commits aggravated domestic battery if they knowingly:
- Commit domestic battery; and
- Strangles the victim; or
- Cause great bodily harm, permanent disability, or disfigurement to the victim.
Section 12-3.3 also establishes the penalty for aggravated domestic battery. Under this section, aggravated domestic battery is normally charged as a Class 2 felony on the first offense. If convicted, the offender can face a prison sentence between one and three years as well as criminal fines up to $25,000.
On the second or subsequent offense, however, aggravated domestic battery includes a more severe punishment. In these cases, aggravated domestic battery remains a Class 2 felony with the same fine structure, but there is a mandatory minimum of three to seven years in prison.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at email@example.com or by completing an online form.