St. Charles Domestic Violence Attorney

Attorney Defending Individuals Charged with Domestic Battery in Kane County

When an alleged act of violence or physical harm occurs between family members, members of the same household, or those in a dating relationship, it can result in domestic violence charges. Prosecutors are known to aggressively pursue these types of cases because of political pressure, social pressure, and the risk for greater harm to occur. Though domestic disturbances must be taken seriously, and steps should be taken to protect those who have been harmed, this should also be balanced with the need to ensure that no one has their reputation, career, and life ruined by a false accusation.

At Goostree Law Group, we understand that domestic violence allegations, though they are serious charges, are among the most likely to be exaggerated, mischaracterized, or fabricated. Former DuPage County prosecutor Jeff Muntz handles all of our domestic violence cases and other criminal defense matters. Jeff worked in the DuPage County State's Attorney's Office for over 8 years, and he has extensive experience handling domestic battery cases from both sides of the law. Jeff has in-depth knowledge of the Illinois criminal justice system, and he has a strong track record of success defending his clients in these types of cases.

We have assisted many clients in achieving positive case results, including multiple cases in which domestic battery charges were dismissed.

Illinois Domestic Violence Laws

Illinois law defines domestic violence as hitting, choking, kicking, threatening, or interfering with the personal freedom of another family member or member of a household. There are several types of relationships that are covered by the Illinois Domestic Violence Act:

  • Those who are married or used to be married to each other
  • Couples who have never been married but have children together
  • Individuals who are dating each other or who have dated each other in the past
  • Children and stepchildren
  • Family members who are related by blood
  • Individuals who are currently roommates or used to share a dwelling together
  • Elderly or disabled adults and their caregivers

Convictions for domestic battery can result in very harsh consequences:

  • A first offense will likely be charged as a Class A misdemeanor, with fines of up to $2,500, up to one year in county jail, probation, and counseling as directed.
  • If there is at least one previous conviction or if the incident involves a child, the use of a firearm, or sexual assault, the charge is upgraded to a felony offense, with fines of up to $25,000 and a sentence in state prison.
  • If the incident results in serious bodily injury, disfigurement, or disability, it can result in an aggravated domestic battery charge, which is a Class 2 felony with fines of up to $25,000 and a prison term that can be extended to up to 14 years if the prosecutor can establish certain legal criteria.

It is important to note that in some cases, a conviction for domestic battery will require that the mandatory minimum sentence be imposed. A second or subsequent conviction of domestic battery has a mandatory minmum sentence of 72 hours. If domestic battery was committed in the presence of a child, it carries a mandatory minimum sentence of 10 days, 300 hours of community service, or both. In such cases, court supervision usually is not an option. In addition, a conviction may stay permanently on your criminal record, and you may be unable to have it expunged.

Speak with a Seasoned Aurora Domestic Violence Attorney

If you are facing a domestic battery charge, a conviction can result in heavy fines, the loss of your freedom, and severe limitations on your future options. With so much on the line, you need strong legal representation from someone who understands what it takes to successfully defend the charges against you. Attorney Jeff Muntz can thoroughly analyze your case and go over your legal options to determine the best path forward toward a favorable outcome. For a free consultation with Attorney Muntz, contact our office today at 630-584-4800.

Back to Top