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Reacting to a Domestic Battery Accusation 

Posted on in Criminal Law

Reacting to a Domestic Battery Accusation Every year, thousands of Americans are accused of some form of domestic violence. While domestic violence is a massive issue nationwide, unfortunately, some of these accusations are entirely fabricated. Whether a spouse is looking to secure finances, seize custodial privileges, or simply see their spouse in a world of legal trouble, a domestic battery accusation is not something to be taken lightly. Below, we will examine some of the legal ramifications of a domestic battery charge and how you should react if you have been accused. 

The Legal Consequences

Finding out that you have been accused of domestic battery can be emotionally difficult to comprehend, but it is important to act quickly. Due to the state of Illinois’ “zero-tolerance policy,” police are likely to show up to your residence and arrest you, regardless of whether or not significant evidence of battery has been secured. While there are many different crimes that can constitute a battery charge, ranging from stalking to physical violence, one thing remains consistent: an accusation can quickly lead to jail-time. 

According to Illinois state law, a domestic battery charge constitutes a Class A misdemeanor. If convicted, the accused can face up to one year in prison as well as significant fines. It should be noted that there are a number of factors that can lead to the charges being elevated to a felony, the most common factor being a prior conviction of domestic violence. If convicted of a felony battery charge, one can face:

  • Up to three years in prison
  • Fines up to $25,000
  • The consequence of having a felony on their criminal record for the rest of their life

Outside of the immediate legal consequences of a conviction of this magnitude, one can face difficulty finding employment and securing housing opportunities due to the conviction on their criminal record. Additionally, if a person is going through a divorce, a domestic accusation can result in financial instability and total loss of parental privileges. 

Contact a DuPage County Domestic Battery Attorney

It goes without saying that a domestic battery charge can drastically impact one’s life. Due to the fact that law enforcement officials immediately side with the accuser, it is important to act quickly. The first and most important step you can take after being accused of domestic violence is contacting a skilled attorney. At McMahon Law Offices, we will do everything in our power to develop a comprehensive defense strategy that will help you avoid a conviction. To schedule a complimentary initial consultation with a skilled Lombard criminal defense attorney, call us today at 630-953-4400. 

Sources: 

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

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