A charge of Domestic Battery or Domestic Violence is considered a Class A Misdemeanor that carries a punishable sentence of one year in jail and a $2,500 fine. In addition, Domestic Battery and Domestic Violence are one of the few charges in Illinois that a person cannot receive a sentence of Court Supervision for. What this means, is that if you are found guilty of Domestic Battery or Domestic Violence, you will have a conviction on your record for the rest of your life that cannot be expunged or removed from your permanent record, even if this is your first offense. What further complicates these cases is that a person does not need to punch someone or cause bodily harm to be found guilty in a Domestic Battery-Domestic Violence case.

If you make contact with another individual in an insulting or provoking nature, you can be found guilty of Domestic Battery. Courts have found that a push or a shove that causes no physical injury is enough to warrant a finding of guilty in a Domestic Battery case.

Over the past twenty years, I have represented many that have been charged with either Domestic Battery or Domestic Violence and have had these cases dismissed without a trial, findings of “Not Guilty,” or had the charges reduced to something that could keep my client’s records free of conviction.

Since most of these cases involve spouses, girlfriends, boyfriends or family members, people commonly believe that if the person who made the original complaint simply calls the police or the State’s Attorney’s Office and the charges will be dropped. This, of course, is not true. The person who originally made the complaint is only a witness, this is not a civil case but a criminal one. Only the State’s Attorney’s Office has the authority to drop a case. In Domestic Battery-Domestic Violence cases, they normally won’t; even if the victim requests that they do so. While this files in the face of common sense, this is the route that most State’s Attorney’s Offices choose to take regarding these cases.

With so much at stake during these cases, emotions are normally high and you need an experienced attorney that can professionally represent you. If you are seeking defense against domestic battery in either Aurora or Naperville, Illinois, contact the Law Offices of Ned C. Khan to speak with an experienced Aurora Domestic Violence Attorney. For your free consultation, call 630-820-3203 or fill out our online form.