This incident occurred on Wednesday, March 18th in McLean County. That is when the Illinois man went to his ex-girlfriend’s residence. The man confronted his ex-girlfriend and her new boyfriend, threatening them both with deadly weapons.
The ex-girlfriend apparently took the Illinois man outside of the residence, arguing loudly, according to witness statements. At that point, the Illinois man allegedly knocked his ex-girlfriend to the ground and inflicted serious physical harm on her.
When the ex-girlfriend arrived at a nearby hospital for treatment, medical professionals diagnosed her with a skull fracture, subdural hematoma, and various cuts and bruises. These injuries were considered life-threatening, placing her in critical condition.
As a result of this incident, the authorities arrested the Illinois man and charged him with aggravated domestic battery. The Illinois man remains in McLean County Jail instead of posting bail in the amount of $15,000.
While the Illinois man awaits the next steps in his legal case, it seems appropriate to review Illinois laws concerning domestic battery. Before progressing to the specific laws and penalties, it will be helpful to review the definition of a family or household member.
Family or Household Member
Illinois law under 720 ILCS 5/12-0.1 establishes the definition of a family or household member. This term applies to a person’s:
- Current spouse;
- Former spouse;
- Parents, children, and other blood relatives;
- Relatives by current or former marriage;
- Cohabitants who shared the same residence;
- Co-parents to a child in common;
- Romantic partners, past and present; and
- Caregivers or assistants, in cases of disability or infirmity.
Illinois law under 720 ILCS 5/12-3.2 provides the definition of and penalties for domestic battery. A person commits domestic battery if they knowingly and without reasonable cause:
- Inflict bodily harm to a family or household member; or
- Initiate physical contact of a provoking or insulting nature with a family or household member.
Domestic battery is ordinarily a Class A misdemeanor under Section 12-3.2. If convicted, an offender can face a maximum of 364 days in jail and up to $2,500 in criminal fines.
That being said, domestic battery can morph into a Class 4 felony under certain conditions, including violation of an order of protection. If convicted for this felony, an offender can face a maximum of three years in prison and up to $25,000 in criminal fines.
Aggravated Domestic Battery
Illinois law under 720 ILCS 5/12-3.3 outlines the definition of and penalties for aggravated domestic battery. The aggravated version of this offense applies when a person commits domestic battery and:
- Knowingly inflicts great bodily harm, permanent disability, or disfigurement; or
- Intentionally strangles the victim by restricting their ability to breathe.
Aggravated domestic battery is typically a Class 2 felony under Section 12-3.3. If convicted, an offender can face a maximum of seven years in prison and up to $25,000 in criminal fines.
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.