The Hidden Costs of an Illinois Domestic Violence Conviction

 Posted on December 00, 0000 in Criminal Defense

Like most people, you probably believe that the biggest risk when charged with domestic violence in Illinois is time behind bars. What you may not realize is that the consequences for a domestic violence conviction can actually run far deeper, dismantling virtually every part of your life.

The state of Illinois treats domestic battery and aggravated domestic battery very seriously, and once a conviction is on your record, the resulting consequences are often permanent. If you are facing domestic violence charges, it is essential that you speak to an experienced Will County, IL criminal defense lawyer so that you can make informed decisions early on in your case.

What is Domestic Violence Under Illinois Law?

Under 750 ILCS 60/103, any person who harasses, kicks, chokes, threatens, hits, or interferes with the personal liberty of another family or household member can be charged under the Illinois Domestic Violence laws. A family or household member includes:

• Parents of a child
• Family members related by blood
• People who share a home or who did share a home at one time
• Spouses and ex-spouses
• Dating partners or previous dating partners
• People with disabilities and their personal assistants

What Are the Distinctions Between Domestic Battery and Aggravated Domestic Battery?

In Illinois, the severity of the harm caused, the method of harm, and the specific circumstances of the attack will determine whether domestic battery or aggravated domestic battery is charged. Domestic battery is often elevated to aggravated domestic battery when there is great bodily harm, permanent disability, or disfigurement to the victim. Strangling the victim can also elevate the charges to aggravated domestic battery, as can committing the offense in the presence of a child.

A first-time Illinois domestic battery offense is typically a Class A misdemeanor, punishable by up to one year in jail and fines of up to $2,500. Aggravated domestic battery is generally a Class 4 felony, but when strangling is involved, the charges can be elevated to a Class 2 felony. The penalties for a Class 4 felony include a prison sentence of one to three years, a maximum fine of $25,000, and a period of mandatory supervised release of one year.

Alternative sentencing options such as probation (up to 30 months), conditional discharge, periodic imprisonment, or impact incarceration may be possible, depending on the specifics of the case. A Class 2 felony is punishable by three to seven years in prison, a maximum fine of $25,000, or both. An extended term can range from four to 14 years, depending on the circumstances. Other penalties like probation and restitution may also be applied.

Collateral Consequences in Addition to Criminal Penalties for a Domestic Violence Conviction

Criminal penalties, though harsh, may be only the beginning. Those with a domestic violence conviction may also experience the following:

• A lifetime ban on firearm ownership (even for a misdemeanor domestic battery conviction)
• Court-ordered counseling
• Mandatory anger management classes
• No-contact provisions for the victim and perhaps the offender’s children as well
• An inability to have the domestic violence conviction expunged or sealed
• Difficulty obtaining employment indefinitely
• The loss of a professional license (nursing, teaching, real estate, doctor, lawyer, CPA, etc.)
• Automatic disqualification from many government or public-trust jobs
• Loss of security clearances
• Barriers to certain fields, including childcare, eldercare, education, transportation, and defense contracting
• Housing denials
• Increased insurance premiums
• Difficulty obtaining loans
• Risk of deportation for non-citizens
• A negative impact on parenting time and parental rights

Contact an Aurora, IL Criminal Defense Lawyer

Early legal intervention is crucial in domestic violence cases, allowing your attorney to negotiate for alternatives that may avoid jail and/or lifetime collateral consequences. If you are facing domestic violence charges, consulting with a skilled Kane County, IL domestic violence attorney from the Law Office of Patricia Magaña, LLC can make a difference in the outcome of your charges. Attorney Magana will zealously defend your rights and your future. Call 630-448-2001 to schedule your free consultation. Attorney speaks Spanish.