The underlying incident apparently occurred on Saturday, September 12th. That is when the Bloomington man allegedly caused serious physical harm to a family or household member. The victim received medical treatment for physical injuries that included cuts to the face, apparently due to repeated strikes and kicks.
The alleged perpetrator remained in police custody as of Wednesday, September 16th without bond. After a risk assessment evaluation and a court hearing, the alleged perpetrator may be able to qualify for bond. Either way, his arraignment is scheduled for Friday, September 25th.
While the alleged perpetrator waits for his arraignment and further proceedings, it seems like an opportune moment to review Illinois laws concerning aggravated domestic battery.
Definition of Aggravated Domestic Battery
720 ILCS 5/12-3.3 provides the Illinois definition of aggravated domestic battery. Under this section, a regular domestic battery offense becomes aggravated domestic battery if the perpetrator knowingly or intentionally:
- Inflicts great bodily harm during the offense;
- Causes permanent disfigurement or disability during the offense; or
- Strangles the victim or otherwise impedes their normal breathing functions during the offense.
In this context, it is important to note the requirement above to act knowingly or intentionally. In other words, simple mistake or mere negligence may not rise to the level of aggravated domestic battery. The perpetrator must appreciate the nature of their act and the potential consequences.
Penalties for Aggravated Domestic Battery
Section 12-3.3 also lists the Illinois penalties for aggravated domestic battery. At a minimum, any person who commits this offense is guilty of a Class 2 felony. Upon conviction, Class 2 felonies are punishable by imprisonment for three to five years and criminal fines up to $25,000. There is a mandatory term of 60 days in prison.
If a person commits aggravated domestic battery a second or subsequent time, it remains a felony with a similar fine structure. But the mandatory prison sentence increases substantially. Repeat offenders face imprisonment for a minimum of three to seven years or imprisonment for an extended term of seven to 14 years.
A conviction for aggravated domestic battery carries another important requirement. In these cases, the court must advise the perpetrator of certain aspects of the U.S. federal Gun Control Act of 1968.
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 firstname.lastname@example.org or by completing an online form.