When Can Domestic Violence Accusations Lead to Felony Charges?

 Posted on April 21, 2021 in Domestic Violence

Being accused of domestic violence can be devastating. These types of claims can permanently damage a person’s reputation while also affecting their relationships with family members or friends. Accusations can also lead to criminal charges, and in serious cases, these crimes may be considered felony offenses. A felony conviction can result in a prison sentence of one year or more, as well as up to $25,000 in fines. In domestic violence cases, a person will need to know how the law applies to them and their options for defense.

Felony Domestic Violence Charges

Accusations of domestic violence may result in the following types of felony charges:

• Domestic battery - This offense may apply if a person allegedly caused bodily harm to a member of their family or a person who lived in their household. While a first conviction of domestic battery is usually prosecuted as a Class A misdemeanor, a second offense is a Class 4 felony. Aggravated domestic battery charges may apply if a person’s actions allegedly caused great bodily harm, permanent disability, or disfigurement, or if they allegedly strangled a person while committing domestic battery. Aggravated domestic battery is a Class 2 felony.

• Criminal sexual abuse - This offense involves committing an act of sexual conduct by force or threat of force, and it is usually prosecuted as a Class 4 felony. Charges of aggravated criminal sexual abuse, a Class 2 felony, may apply if a person allegedly committed an act of sexual conduct with a family member who is under the age of 18.

• Stalking - If a person is accused of acting in a way that caused a person to fear for the safety of themself or their family members, including by following them, placing them under surveillance, or making threats, they face Class 4 felony charges.

• Violation of an order of protection - Accusations of domestic violence may lead to the issuance of an order of protection that requires a person to stay away from and refrain from contacting their spouse, children, or other family members. While violating the terms of an order of protection is usually prosecuted as a Class A misdemeanor, an alleged offender may face Class 4 felony charges if they had previously been convicted of violent crimes or offenses related to domestic violence.

Contact an Elgin Domestic Violence Defense Lawyer

If you have been accused of committing domestic violence, you will want to work with an experienced lawyer to determine the steps you can take to defend against these types of charges. The Law Office of Brian J. Mirandola can represent you during your criminal case, and we will work to minimize the consequences to your life, your reputation, and your freedom. Contact a Kane County domestic battery defense attorney at 847-488-0889 for a complimentary consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+12%2C+Subdiv%2E+5&ActID=1876&ChapterID=53&SeqStart=21300000&SeqEnd=23400000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+11&ActID=1876&ChapterID=53&SeqStart=14400000&SeqEnd=21000000

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-7.3