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720 ILCS 5/12-3.3

Aggravated Domestic Battery

 

  • Class 2 Felony
  • 3-7 years in prison
  • Can never possess a handgun
  • Fine up to $25,000
  • Call for more details

Understanding Aggravated Domestic Battery in Illinois

Aggravated domestic battery is a serious and complex criminal offense under Illinois law that involves causing bodily harm to a family member or household member under circumstances that elevate the severity of the crime. This charge is more severe than a simple domestic battery due to factors such as the use of a deadly weapon, causing great bodily harm, or committing the offense in violation of a protective order. A conviction for aggravated domestic battery can lead to severe legal consequences, including lengthy prison sentences, significant fines, and mandatory counseling.

 

What Constitutes Aggravated Domestic Battery in Illinois?

Under Illinois law, aggravated domestic battery is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/12-3.3. The offense occurs when an individual knowingly and intentionally causes great bodily harm, permanent disability, or disfigurement to a family or household member. Key elements of this crime include:

 

  • Great Bodily Harm or Disfigurement: Causing serious physical injury that results in lasting harm, such as broken bones, severe bruising, or significant scarring.
  • Use of a Deadly Weapon: Committing the battery with a firearm, knife, or other deadly weapon, which significantly increases the severity of the charge.
  • Violation of a Protective Order: Committing domestic battery while a protective order is in place, which enhances the charge to aggravated domestic battery.

Examples of Aggravated Domestic Battery Under 720 ILCS 5/12-3.3

Here are specific examples of aggravated domestic battery as defined under Illinois law:

 

  1. Battery Resulting in Permanent Disability
    • Statute: 720 ILCS 5/12-3.3(a-5)
    • Description: Knowingly causing permanent disability or disfigurement to a spouse, partner, or family member through physical violence.
  2. Using a Deadly Weapon in a Domestic Dispute
    • Statute: 720 ILCS 5/12-3.3(a)
    • Description: Assaulting a household member with a knife, gun, or other deadly weapon, leading to significant injury.
  3. Battery in Violation of a Protective Order
    • Statute: 720 ILCS 5/12-3.3(b)
    • Description: Committing domestic battery against a protected person while a restraining order or protective order is in effect.

Penalties for Aggravated Domestic Battery in Illinois

Aggravated domestic battery is classified as a felony offense in Illinois, with penalties varying depending on the specific circumstances of the crime. The penalties can include:

 

  • Class 2 Felony:
    • 3 to 7 years in prison
    • Fines of up to $25,000
    • Probation or conditional discharge may be available in certain cases
  • Class X Felony (If the Offense Causes Great Bodily Harm):
    • 6 to 30 years in prison
    • Fines of up to $25,000
    • Mandatory counseling or anger management courses as part of sentencing

In addition to these legal penalties, a conviction for aggravated domestic battery can lead to long-term consequences, including a permanent criminal record, mandatory counseling, and potential loss of child custody or visitation rights.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of aggravated domestic battery can be overwhelming and stressful, with the potential to impact your life in significant ways. Andrew M. Weisberg, a former Cook County prosecutor, brings a wealth of experience and a deep understanding of the criminal justice system to your defense. Here’s why choosing Mr. Weisberg is the best decision you can make:

 

 

  • Expertise in Domestic Violence Defense: With extensive experience in handling cases involving domestic violence, including aggravated domestic battery, Mr. Weisberg understands the strategies prosecutors use and how to effectively counter them.
  • Comprehensive Defense Strategy: Mr. Weisberg will thoroughly investigate the circumstances of your case, examining all evidence and identifying any weaknesses in the prosecution’s case to build a strong defense tailored to your situation.
  • Personalized and Compassionate Representation: Understanding the emotional toll that comes with facing domestic violence charges, Mr. Weisberg provides personalized attention and compassionate representation to each of his clients.
  • Aggressive Legal Advocacy: Known for his aggressive defense strategies, Mr. Weisberg will fight tirelessly to protect your rights and work towards the best possible outcome in your case.

When facing aggravated domestic battery charges, you need an attorney who not only understands the law but also has the experience and determination to fight for your rights. Andrew M. Weisberg is committed to providing you with a robust defense and the best possible legal representation.

 

Contact Andrew M. Weisberg today for a free consultation to discuss your case and learn how he can help protect your rights and future.