Belleville Domestic Violence Defense Lawyer

Domestic violence charges in Illinois can do more than just put you behind bars. These criminal charges carry major consequences that go far beyond the criminal penalties doled out upon conviction. From complicating child custody and divorce cases, to Firearm Owner’s Identification (FOID) revocation and career impacts, the effects of a domestic violence charge are far-reaching.

False allegations are incredibly common during breakups or divorce and custody disputes, making the need for an experienced criminal defense attorney imperative. The Conner Law Firm defends domestic violence charges in St. Clair, Monroe, and Madison Counties, and throughout southern Illinois, fighting false allegations and protecting your rights, freedom, and family when the stakes are highest. With the Conner Law Firm, you’ll have someone standing up for you and working to keep this from becoming a permanent blemish on your record.

Domestic Violence Charges in Illinois

Domestic violence charges can be imposed as misdemeanors or felonies, depending on the circumstances. The Conner Law Firm defends our clients charged with various crimes of a domestic nature, including:

Domestic Battery (720 ILCS 5/12-3.2)

In Illinois, domestic battery is assigned when someone knowingly causes bodily harm or makes contact of a harmful or offensive nature with a family or household member. Various circumstances can impact how it is charged, including the type of contact, e.g. strangulation, or whether the charge succeeds a previous successful prosecution against you for the same conduct.

Generally, a Class A misdemeanor is charged by the prosection in a first offense, carrying a potential penalty of up to 364 days in jail and/or a fine up to $2,500. Subsequent offenses can be charged as felonies based on conviction in the prior case, carrying higher potential fines, and long periods of incarceration in the Illinois Department of Corrections.

Aggravated Domestic Battery (720 ILCS 5/12-3.3)

Aggravating factors on domestic battery make it a Class 2 felony. Strangulation or causing great bodily harm is considered aggravating for these charges. If convicted, you’d face potential incarceration for 3 to 7 years in the Illinois Department of Corrections.

Stalking (720 ILCS 5/12-7.3)

A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a third person; or (2) suffer other emotional distress. A first offense of stalking is classified as a Class 4 felony, with subsequent offenses being classified as Class 3 felonies.

Violation of an Order of Protection (720 ILCS 5/12-3.4)

A person commits violation of an order of protection when, after issuance of an order, then person violates a term of that order, such as contacting the protected party, or violating the stay-away provisions of an address listed within that order. A first offense of violation of an order of protection will be charged as a Class A misdemeanor. Charges which are issued after conviction for domestic battery, violation of an order of protection, stalking, kidnapping, first-degree murder, and numerous other qualifying offenses will be charged as a Class 4 felony. Illinois law does not require the victim to be the same in both cases.

While the intent of these laws is to protect vulnerable individuals, there is a potential for abuse by parties who may lie or exaggerate what actually took place in order to gain an advantage in a divorce or child custody dispute. Our firm defends against these and other charges of domestic violence in St. Clair, Monroe, and Madison Counties, and throughout southern Illinois, fighting false allegations and protecting your rights, freedom, and family when you stand to lose everything.

Collateral Consequences of Domestic Violence Charges

Consequences of a domestic violence arrest don’t start and stop if you are convicted. They can begin right after your arrest, including:

Immediate firearms restrictions: Illinois law allows the Firearm Services Bureau of the Illinois State Police to revoke the FOID card of individuals subject to an order of protection, or where the individual poses a clear and present danger.
Child custody: Your custody and visitation rights can be restricted on an emergency basis, and the allegations may be considered by the court for termination even if you are not convicted.
Immigration issues: If you are a non-citizen, domestic violence charges are grounds for deportation.
Revocation of professional licensure: If you hold a job as a teacher, healthcare worker, attorney, or another career that requires a professional license, you face the potential for adverse action against your license.

Along with the collateral consequences imposed by law, individuals alleged to have committed acts of domestic violence frequently find themselves shunned by other family members, friends, and neighbors. Potential employers, whether or not it is legally permissible, may consider the allegations against you in deciding whether to extend offers of employment.

Don’t let domestic violence accusations strip away your legal rights or define your future. Let The Conner Law Firm help you fight these charges with strong violent crimes defense in Belleville using the full understanding of a prosecutor’s perspective to uphold your rights and freedom.

Defense Strategies for Domestic Violence Cases

It can be difficult to challenge charges of domestic violence, though Ms. Conner has a track record of successfully fielding effective defense strategies to help fight the charges. Defenses applicable to your case are ultimately dependent on the factual circumstances of the allegations. Some examples of effective defense strategies include:

False Allegations Defense

It is not unheard of in cases of domestic violence that the allegations are not merely an exaggeration, but complete fabrications. Where applicable, alibis can be identified, records collected, and other evidence presented to the prosecution or at trial which undermines the core of the allegations against you, showing that you were somewhere else entirely at teh time of the allegations.

Self-Defense

Under Illinois law, you are allowed to use reasonable force to protect yourself. Our Firm will examine every piece of evidence and fully review procedures to help prove you were defending yourself or others from imminent harm.

Inconsistent Statements

When an alleged victim gives inconsistent statements, it can cast extreme doubt on the requirement for proving your guilt beyond a reasonable doubt. We compare these statements made from the police report, statements to other lay people, and testimony in any court proceedings, centering on inconsistencies that threaten credibility.

Lack of Evidence

Someone in your life may accuse you of domestic violence, but without any evidence, it can be difficult for them to successfully misuse law enforcement and the courts to harm you personally. Where an allegation is without evidence of injury, or unsupported by witnesses, the case is more susceptible to attacks on the credibility of the victim, and the prosecution knows this when deciding which cases get dismissed, and which cases go to trial.

Constitutional Violations

Our firm commonly sees violations of legal rights during arrests for domestic violence cases. You may have been improperly arrested, not read your Miranda rights, or police have coerced statements from you.

This is exactly why speaking to an experienced criminal defense attorney should be the first thing you do after politely telling the police that you invoke your right to remain silent and want to speak to an attorney. Even in the worst of circumstances, The Conner Law Firm can work with you to fight for the most favorable outcome.

Negotiating on Your Behalf

In some situations, the accusations may not be entirely false. Bad acts don’t necessarily make for bad people. When the evidence is stacked against you, the approach can be taken to pursue diversionary programs, plea deals which seek disposition on a charge not directly related to domestic violence, all while engaging you in programs which minimize risk of recidivism and minimize the impacts on other areas of your life.

Criminal Defense Lawyer

Call (618) 277-2421 or contact the office online to schedule your initial consultation.

Frequently Asked Questions

What is the penalty for domestic battery in Illinois?

The penalties for domestic battery in Illinois will usually be set as a Class A misdemeanor if it is the first time you’re facing these charges. This would mean the potential for up to one year in jail with fines up to $2,500. For more severe scenarios, it could be charged as a Class 4 felony. Upgraded charges typically result from violating protection orders, or convictions for other domestic or violent offenses like criminal sexual assault or aggravated stalking.

When the charges are upgraded, a convicted subsequent offender could spend from 1 to 3 years in prison and pay fines up to $25,000. Penalties become steeper with other factors such as being convicted more than twice or committing battery in front of a child. However, even when charged as a misdemeanor, domestic battery can remain on your criminal record forever, making it imperative to get strong defense.

Can domestic violence charges be dropped in Illinois?

Yes, domestic violence charges could potentially be dropped in Illinois, however, it is not in the way that you’d think. On TV shows and in movies, victims are commonly portrayed declaring to the police to drop the charges and everything goes back to normal. In reality, a victim cannot drop the charges no matter how much they may want to do so. Charges are brought on behalf of the People collectively, and prosecutors have the ultimate discretion whether to proceed with a case, even where the victim becomes uncooperative with their case.

What is aggravated domestic battery by strangulation?

Aggravated domestic battery by strangulation in Illinois (720 ILCS 5/12-3.3) is when someone commits domestic battery against a member of the family or household and knowingly strangles them. It is considered a severe violent crime to intentionally impede someone’s normal breathing or circulation.

This is charged as a Class 2 felony that has mandatory sentencing of 60 days minimum consecutively served in jail, even if you receive probation. Convictions could result in prison sentences ranging from 3 to 7 years and any subsequent conviction results in mandatory prison time with no option for probation. Enhanced penalties are also possible which could see these charges upgraded to a Class 1 felony, punishable by 4 to 15 years in prison with fines up to $25,000.

Contact The Conner Law Firm

Domestic violence charges are taken very seriously by the state of Illinois. As such, we encourage you to not make any statements to the police before you speak with a lawyer. What you say could make things even worse, and if you haven’t done anything wrong, you don’t want to add to the problem. You need an experienced criminal defense attorney with a track record of sucess in your corner immediately to mitigate the fallout from false accusations or situations that were blown out of proportion.

The Conner Law Firm defends domestic violence charges in St. Clair County, fighting false allegations and protecting your rights, freedom, and family when the stakes are highest. Call 618-277-2421 for immediate domestic violence defense from a criminal defense lawyer in Belleville.