DOMESTIC BATTERY
WHAT THE STATE MUST PROVE
The State must prove beyond a reasonable doubt that you made physical contact with the alleged victim that was either:
(a) insulting or provoking; or
(b) caused bodily harm.
The State usually charges Domestic Battery both ways.
You have the right to have either a jury trial or a bench trial.
A jury trial is where either 6 or 12 people decide your guilt or innocence. If found guilty, the judge, not the jury, sentences you.
A bench trial is where the judge decides your guilt or innocence, and sentences you if he/she finds you guilty.
DEFENSES
Self Defense - you were defending yourself from being struck.
Parental Consent - you were disciplining your child.
Consent - the alleged victim gave you permission to touch them.
SENTENCING ALTERNATIVES
If you plead guilty or are found guilty, you will receive a mandatory conviction that will remain forever on your record. You will be placed on conditional discharge or probation and you will also likely have to:*
1) get an evaluation
2) do domestic battery counseling
3) pay fines/costs
4) do community service
5) and/or possibly go to jail
Court Supervision is a preferred sentence. If Supervision is successfully completed, the case is dismissed, without a permanent conviction on your record.* Supervision is not available in Domestic Battery cases.
The State is sometimes willing to amend the charge from Domestic Battery to Simple Battery which may make you eligible for Court Supervision.*
PROSECUTION OF THE CASE
The case belongs to the State Of Illinois, not to the alleged victim. The State has sole discretion of whether to dismiss your case or to prosecute you.
The alleged victim is only a witness in the case and has no authority to dismiss the case even if they do not want to prosecute.
*Important restrictions and conditions apply. Please call for complete details. |
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