Feb 25

An Illinois man faces criminal charges for aggravated domestic battery after allegedly burning his 5-year-old children with an iron, according to an article by The Pantagraph

Reports indicate that this 41-year-old man intentionally placed a steam iron on the legs of his two children to teach them a lesson. This man apparently left the iron on his children’s legs for approximately four seconds each. 

As a result of this incident, the authorities charged this Illinois man with aggravated domestic battery. And a judge ordered this man to cease any and all contact with his children or any other person under 18 years old. 

At this point, the Illinois man neglected to post bail and, thus, remains in police custody. While the legal case around this incident continues to evolve, it seems appropriate to review the Illinois laws against and penalties for aggravated domestic battery. 

Illinois Laws Against Aggravated Domestic Battery

The Illinois laws against aggravated domestic battery appear under 720 ILCS 5/12-3.3. This section makes it unlawful to commit domestic battery and also knowingly:

  • Cause great bodily harm, permanent disability, or permanent disfigurement to the victim; or
  • Strangle the victim by applying pressure to the throat or neck, blocking the nose or mouth, or intentionally impeding normal breathing or blood circulation. 

Illinois Penalties for Aggravated Domestic Battery

Section 12-3.3 also establishes the Illinois penalties for aggravated domestic battery. Under this section, first-time aggravated domestic battery offenders typically face Class 2 felony charges. 

If convicted of these charges, the maximum penalties include three to seven years in prison and up to $25,000 in criminal fines. Even if the offender receives probation or conditional discharge, there is a mandatory minimum of imprisonment for 60 days. 

Section 12-3.3 also furnishes an enhanced penalty for repeat offenders. Any person who commits a second or subsequent offense of aggravated domestic battery will likely face Class 2 felony charges. But the mandatory minimum prison sentence increases to three years. Furthermore, there is a possibility of an extended term sentence between seven and 14 years.

Upon conviction for aggravated domestic battery, the Illinois courts are required to notify the offender about certain restrictions under the U.S. federal Gun Control Act of 1968. More specifically, the Illinois courts must advise the offender that they can face federal charges for “possessing, transporting, shipping, or receiving any firearm or ammunition.”

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 johnprior@thepriorlawfirm.com or by completing an online form.