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 losing custody of your children 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 divorce and custody disputes, making the need for a Belleville domestic violence lawyer imperative. The Conner Law Firm defends domestic violence charges in Belleville and St. Clair County, fighting false allegations and protecting your rights, freedom, and family when the stakes are highest. From a former prosecutor’s standpoint, 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 accused of the following types of domestic violence crimes:

Domestic Battery (720 ILCS 5/12-3.2)

In Illinois, domestic battery is assigned when someone knowingly causes bodily harm or makes provocational contact with a member of their family or household. Various circumstances can impact how it is classified.

Generally, a Class A misdemeanor is assigned for a first offense, which can put you in jail for a maximum of 364 days with a fine up to $2,500. Second offenses with 3 or more priors are rated as a Class 3 felony with 2 to 10 years in prison while third and consequent offenses with 4 or more priors becomes a Class 2 felony with 3 to 7 years in prison.

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 prison time for 3 to 7 years without the possibility for it to include probation.

Stalking (720 ILCS 5/12-7.3)

Illinois puts stalking as a Class 4 felony, and a first offense can see you behind bars in prison for 1 to 4 years. If you’re facing a second or subsequent conviction, you must serve a mandatory 72 consecutive hours of imprisonment. For violating a prior order of protection, that automatically elevates the charges to a Class 4 felony.

Domestic violence charges are some of the most commonly difficult, as evidenced from the Illinois domestic battery charges guide. The laws come from a good place to protect the vulnerable from dangerous situations, however, there is great abuse with false accusations that land people in jail or prison based on lies. Erin defends domestic violence charges in Belleville and St. Clair County, fighting false allegations and protecting your rights, freedom, and family when you stand to lose everything.

Criminal Defense Lawyer

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

Collateral Consequences of Domestic Violence Charges

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

Immediate firearms restrictions: If you have an FOID card, you must surrender it and all firearms right away. The law doesn’t take into account that you might not even be guilty at this time.
Child custody: Your custody and visitation rights can be restricted or terminated.
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 will have it taken away.
Mandatory programs: You’ll be required to enroll and attend mandatory batterer intervention programs.
Permanent criminal record: A conviction of domestic violence charges can permanently make it difficult to find a job and housing.

You may also find yourself shunned by other family members, friends, and neighbors. Even those who don’t need a professional license will find it harder to find work. Background checks that turn up criminal records with domestic violence can disqualify you for many positions. Certain industries won’t allow anyone with a criminal record while in others, the risk of hiring someone convicted of such violence is too much of a liability.

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

Domestic violence is a fully-loaded term that brings out deep emotion. It can be difficult to challenge, though Erin has effective defense strategies to help fight the charges.

False Allegations Defense

It comes up a lot in cases where couples are going through a divorce, fighting over custody of their kids, or even simple revenge when a scorned former love is intent on ruining your life. Erin knows how to expose these motives to prove that the allegations against you are false in defending against orders of protection in Belleville.

Self-Defense

Under Illinois law, you are allowed to use reasonable force to protect yourself. Our Belleville domestic violence defense attorneys 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 to testimony and prior statements to poke holes in victim 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 get their way. You’d expect injuries or witnesses but when there are none, it calls the claims into serious question. Additionally, when the evidence is contradictory, the prosecution may have very little to go on beyond a flimsy claim.

Constitutional Violations

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

This is exactly why speaking to a Belleville domestic violence defense lawyer should be the first thing you do after politely telling the police that you will use your right to remain silent and want to speak to an attorney. Even if this is your current situation, 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. When the evidence is stacked against you, our attorneys can negotiate for supervision or reduced charges where appropriate to minimize the impacts on other areas of your life.

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 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 violent offenses like criminal sexual assault or aggravated stalking.

When the charges are upgraded, a convicted repeat offender could spend anywhere from 1 to 3 years in prison and pay fines up to $25,000. Repeat offenses additionally require mandatory imprisonment for a minimum of 72 hours. Penalties become steeper with other factors such as being convicted more than twice or committing battery in front of a child. In these scenarios, probation is not an available alternative. 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.

Domestic violence charges are brought by the state, and that means only the prosecutor’s office or the judge in the case can drop the charges. If either the prosecutor or judge makes this decision, then domestic violence charges will be dropped.

Will I lose my gun rights if charged with domestic violence?

Yes, domestic violence charges mean the immediate loss of your gun rights in Illinois. From the time of your arrest, you will have your FOID card revoked and must surrender any firearms. If you are convicted, even on misdemeanor charges for domestic violence, including domestic battery, you will face a permanent federal ban on possessing firearms.

In the event you are served with an order of protection, you need to turn in your FOID card and firearms. Generally, convictions on these grounds will last for at least 5 years, though after this time, you may be able to apply to have your rights reinstated.

If you legally own firearms, discussing with your Belleville domestic violence defense attorney can help you to understand what may happen if your case is dismissed or if you are able to restore your gun rights after serving your sentence.

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 and circulation.

This is charged as a Class 2 felony that has mandatory sentencing of 60 days minimum consecutively served in jail, even if you get 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, our attorneys 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 strong domestic violence defense 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 Belleville and 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.