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DuPage County aggravated assault defense attorney

Being charged with any type of violent crime in Illinois can be a scary situation. The uncertainty of the outcome of your case can be a major source of stress for you and your family. Assault and battery are two of the most common violent crimes that occur in Illinois. Depending on the circumstances of the case, you could face a felony charge and many years in prison if convicted. When you are accused of using a weapon during an assault or battery, your penalties often change and become even more serious. The use of a weapon almost always classifies assault and battery charges as aggravated assault or aggravated battery, both of which come with severe criminal consequences.

Aggravated Assault Charges

Assault is a crime that occurs when a person does something that makes another person reasonably believe that he or she will be physically harmed. Typically, basic assault is classified as a Class C misdemeanor. However, when a person uses a firearm or other weapon during the assault, the charge is elevated to aggravated assault.

If the weapon was not fired during the assault, it is typically charged as a Class A misdemeanor, which carries up to one year in prison and up to $2,500 in fines. If the weapon was fired during the assault, it is charged as a Class 4 felony, or a Class 3 felony if the weapon was fired from a motor vehicle. Class 4 felonies carry a possible sentence of one to three years in prison, while Class 3 felonies carry a possible sentence of two to five years in prison. All felonies have a possibility of carrying up to $25,000 in fines.

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Wheaton, IL Domestic Battery Defense AttorneyBeing accused of committing a violent crime in Illinois is a very serious matter to deal with. Specific crimes of this nature can be considered to be domestic if they are committed against certain individuals. Domestic violence can often be difficult to detect, because many victims may be too scared to come forward. When accusations are made, however, they are taken very seriously, and they can lead to harsh punishments. This is why it is important to take immediate action if you are accused of committing a domestic crime.

Battery vs. Domestic Battery

Technically, battery and domestic battery are two different crimes in Illinois. For a battery crime to be considered domestic battery, the crime must have been perpetrated against a family or household member. The state of Illinois defines family or household members as people who have a certain relationship, including:

  • Parents and children
  • Individuals that have had a child together
  • Current or former spouses
  • Romantic partners
  • Family members by blood or marriage
  • People who currently live together or previously shared a home

What Is Domestic Battery?

Criminal charges of domestic battery can be filed if harm or physical contact of an insulting or provoking nature is inflicted upon a family or household member. Typically, domestic battery is charged as a Class A misdemeanor, which means that a conviction could lead to one year in jail and up to $2,500 in fines. If the person that is convicted has a history of violence, there is a possibility that the charges could be increased.

Aggravated Domestic Battery Charges

In some situations, domestic battery can be upgraded to aggravated domestic battery. The use of strangulation or the result of great bodily harm or permanent disability or disfigurement could lead to charges being increased. Aggravated domestic battery is classified as a Class 2 felony, which means that a conviction could result in three to seven years of prison time alongside fines of up to $25,000.

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DuPage County criminal defense lawyer, juvenile defendantsGenerally, children under the age of 18 are not considered adults. However, under Illinois law, some juvenile defendants can be tried as an adult and given adult penalties if convicted. Illinois has recently made some changes in the way cases involving defendants 17 and younger will be transferred to adult court.

Changes in the Law Effective January 1, 2016 

After January 1, 2016, any child aged sixteen and older, who commits certain serious felonies, will automatically be tried in adult court. If the child is under age 16, then prosecutors will still be able to ask a judge to transfer the case to adult court. However, the transfer will not be automatic and the child’s attorney will be able to argue against the transfer to adult court.  

The crimes for which juveniles will automatically be tried as adults when 16 or 17 years old include:

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