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Arlington Heights, IL defense attorney

While all assault and battery charges are serious, charges and punishments can become even harsher when the alleged assault and/or battery occurs between people in a domestic relationship. Being accused of domestic battery is extremely serious and can result in extensive jail time and expensive fines. It is also often used to leverage favorable decisions in child custody or other matters in contentious divorce proceedings.

Domestic Battery Laws in Illinois

The Illinois Penal Code states domestic battery occurs when a person knowingly and unlawfully causes bodily harm or makes physical contact of an insulting or provoking nature to a family or household member. It is important to note that the crime must be committed against a family or household member, or it cannot be considered domestic battery. According to the state of Illinois, family or household members include:

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Arlington Heights, IL defense attorney

We have all probably heard the phrase “assault and battery” at some point in our lives. This phrase is used so often that the terms assault and battery tend to be used interchangeably, even though they are different legal concepts that carry different consequences. In Illinois, there are also offenses such as aggravated assault and aggravated battery, which consist of different actions and typically carry more serious punishments. 

If you face an assault or battery charge, understanding the offense and its penalties is the first step in building a solid defense with the help of a skilled criminal defense lawyer.

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Illinois domestic battery attorneyIndividuals who are arrested on domestic violence charges often underestimate the impact that a conviction can have on their lives. Sadly, a mistake like this can have lasting and potentially even life-long repercussions. Learn more about the potential consequences of a domestic battery charge, including how it may affect you or your loved one, and discover what an experienced criminal defense attorney can do for you in a domestic battery criminal case.

How It Happens

Domestic battery charges usually stem from an argument that has been reported to the police. Sometimes it is one of the involved parties that calls. Other times, it is a neighbor or a passerby. Either way, law enforcement shows up and evaluates the situation. They typically talk to the involved parties, as well as any potential witnesses to the argument. If anyone appears to be injured, or if there is evidence to suggest that someone has been harmed, law enforcement may attempt to determine fault so they can make an arrest. If you happen to be the one that they believe started the argument, you will need a defense attorney that can fight against the impressions and judgments of the officers – someone who has your best interest in mind.

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Arlington Heights criminal defense attorneyDomestic violence charges are not something to ignore. Able to affect your job, housing, and upend your life in numerous ways, such charges can be used in custody and other family law cases, which could keep you from your family. Conviction can also impact your right to own or use a firearm. The following explains more about this prohibition, and provides details on how to ensure your rights are protected, right from the very start.

Federal Gun Ban Extended

Originally the law only barred those convicted of violent felonies from owning a gun, but Congress extended the ban in 1996 to also cover misdemeanor convictions of domestic violence. Such offenses are the most common charge of physical assault occurring in homes across the United States. 

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Arlington Heights criminal defense attorneyDomestic battery is considered a serious offense in the state of Illinois. This is due, in part, to the awareness and movements associated with domestic violence prevention. What do you do, though, when the allegations against you are completely false? Are you even at risk if you are truly innocent? It may seem that the obvious answer is no, you are not at risk if you have not done anything wrong. Yet this is not always the case. The following information explains further.

Divorce and Child-Related Matters Often a Catalyst for False Allegations

While not always the case, child-related matters and divorce often serve as a catalyst for false allegations of domestic battery. It may be a ploy to increase the accusing party’s portion of the divorce settlement, or it could be an attempt to gain more rights to a shared child. Alternatively, there may be no reason outside of wanting to make the other person “pay” for wanting a divorce. Such acts of retribution, revenge, or manipulation might seem easy to disprove, but this can be a slippery slope for the wrongly accused.

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