Dupage County Aggravated Domestic Battery Attorneys

Crimes of domestic violence occur when you cause physical harm to a member of your household or family. Victims of domestic violence can include:

• Spouse or former spouse;
• Dating partner;
• Child;
• Parent of a child;
• Roommate or former roommate; and
• Elderly family member’s caretaker.

You can be charged with aggravated domestic battery, as defined in 720 ILCS 5/12-3.3, if you commit a domestic battery and:

1. Knowingly and intentionally cause great bodily harm, permanent disability, or disfigurement; or
2. Strangle your victim.

Strangulation, for the purposes of aggravated domestic battery, means “intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.”

The prosecution will be required to establish, beyond a reasonable doubt, that you are guilty of these aggravating factors. They will present any facts, evidence, and/or testimony that supports their claim. This can include witness/victim testimony, photographs, medical reports, and expert witness analysis. The prosecution can use a combination of circumstantial and direct evidence to prove their case. It will be important to discredit their witnesses and evidence. Your Chicago criminal defense attorney will present evidence and facts that are helpful to your case and that serve to weaken the prosecution’s argument.

In addition to prison and steep monetary fines, a conviction for aggravated domestic battery will have serious non-criminal consequences. These consequences, which will limit your ability to live a normal life, can include:

• Inability to find gainful and meaningful employment;
• Inability to rent an apartment or purchase a home;
• Loss of gun ownership rights;
• Loss of child custody;
• Mandatory counseling;
• Restrictions on the ability to visit certain locations; and
• Inability to participate in government welfare programs.

Many times, you will be served with an order of protection that will significantly restrict your ability to see your family, live in your home, and travel around your neighborhood. Violating this order of protection can trigger additional criminal charges and penalties.