This criminal inquiry stems from an incident that occurred on July 30th at approximately 9:30 p.m. That is when the Peoria Police Department responded to an allegation of domestic battery on the 3000 block of North Bigelow Street.
The police officers arrested the city councilman in connection with these allegations. The city councilman was later charged with aggravated domestic battery and released the next day on a $100 bond.
In order to understand the boundaries of aggravated domestic battery, it may be necessary to review the Illinois laws against the standard version of domestic battery. To that end, it is possible to take a refresher course on domestic battery under Illinois law by reading this Prior Law Firm blog post — What is Domestic Battery in Illinois?
Returning to the topic at hand, the following sections will explore the Illinois laws against and penalties for aggravated domestic battery.
Illinois Laws Against Aggravated Domestic Battery
720 ILCS 5/12-3.3 establishes the Illinois laws against aggravated domestic battery. Under this section, a standard domestic battery crime becomes aggravated domestic battery if the perpetrator knowingly:
- Causes great bodily harm during the offense;
- Inflicts permanent disability or disfigurement during the offense; or
- Strangles the victim during the offense.
For the purposes of Section 12-3.3, the term strangle refers to any action that intentionally prevents normal breathing functions by:
- Applying pressure to the throat or neck of the victim; or
- Blocking the nose or mouth of the victim.
Illinois Penalties for Aggravated Domestic Battery
Section 12-3.3 also governs the Illinois penalties for aggravated domestic battery. In most cases, aggravated domestic battery is a Class 2 felony under Illinois law. Though the exact penalty can change based on the number of previous offenses. For example:
- First Violation — Aggravated domestic battery is punishable by three to seven years in prison, $25,000 in fines, and probation or conditional discharge for four years; or
- Second or Subsequent Violation — Aggravated domestic battery includes a mandatory prison sentence between three and seven years and an extended term between seven and 14 years.
Additionally, any order of probation or conditional discharge for aggravated domestic battery must include a minimum period of incarceration. Any person convicted of this offense must serve at least 60 consecutive days 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.
(image courtesy of Simon Migaj)