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  1. #1
    Join Date
    Sep 2006
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    2

    Default Class A Misdemeanor, Domestic battery, in Illinois

    A week ago today i was arrested with domestic battery for gettin in a fight with my father, i did not attempt to hurt him in any way, but on the other hand he kicked the shit outta me. i had visual bruises and he had nothing more then a bloddy nose (a result of him strangling me, smashing my head on the tile floor, and biting my face (causing a massive bruise) and pushing me down a few stairs..... im considered the offensor because i reached for his pocket which had my keys in there.

    we both spent 2 nights in jail, and both got out on 1000$ d-bond[i think], (100$ out the door) they dropped the charges against him but are charging me[illinois], i have court in a little more then a week, and was wondering what i might get charged with. I have NO criminal record at all and had a witness to the whole thing and no other family members were around[except my sister, but she heard/saw nothing].

    there isnt a chance i will get jail time is there? i will go to court with a suit and groomed hair and be very polite. and ask for a public defender. otherwise i need some advise ASAP as what to do.


    i also cannot afford a lawyer at the moment, but have managed to collect about 600$ for a fine... and have my grandma to pay if it is more....

    my dad doesnt wanna press charges and isnt, he wants to make up and let me go back to work with him.....


    also the police did NOT read my miranda rights when i was arrested and was wondering what that means?

    whats everyones advise?

    also im 18, if that matters much...

    BTW i like this forum sofar

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Class A Misdomenor, Domestic battery, illinois

    Quote Quoting cooldood420
    View Post
    A week ago today i was arrested with domestic battery for gettin in a fight with my father, i did not attempt to hurt him in any way, but on the other hand he kicked the shit outta me. i had visual bruises and he had nothing more then a bloddy nose (a result of him strangling me, smashing my head on the tile floor, and biting my face (causing a massive bruise) and pushing me down a few stairs..... im considered the offensor because i reached for his pocket which had my keys in there.

    we both spent 2 nights in jail, and both got out on 1000$ d-bond[i think], (100$ out the door) they dropped the charges against him but are charging me[illinois], i have court in a little more then a week, and was wondering what i might get charged with. I have NO criminal record at all and had a witness to the whole thing and no other family members were around[except my sister, but she heard/saw nothing].

    there isnt a chance i will get jail time is there? i will go to court with a suit and groomed hair and be very polite. and ask for a public defender. otherwise i need some advise ASAP as what to do.


    i also cannot afford a lawyer at the moment, but have managed to collect about 600$ for a fine... and have my grandma to pay if it is more....

    my dad doesnt wanna press charges and isnt, he wants to make up and let me go back to work with him.....

    whats everyones advise?


    BTW i like this forum sofar
    The potential penalties from Illinois statutes:

    (730 ILCS 5/5‑9‑1) (from Ch. 38, par. 1005‑9‑1)
    Sec. 5‑9‑1. Authorized fines.
    (a) An offender may be sentenced to pay a fine which shall not exceed for each offense:
    (1) for a felony, $25,000 or the amount specified in the offense, whichever is greater, or where the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater;

    (2) for a Class A misdemeanor, $2,500 or the amount specified in the offense, whichever is greater;

    ------------

    730 ILCS 5/5‑8‑3) (from Ch. 38, par. 1005‑8‑3)
    Sec. 5‑8‑3. Sentence of Imprisonment for Misdemeanor. (a) A sentence of imprisonment for a misdemeanor shall be for a determinate term according to the following limitations:
    (1) for a Class A misdemeanor, for any term less than one year;

    It could also result in getting a sentence of probation or a conditional discharge.

    Most likely anger management classes as well.

    I think you should at least consult with an attorney.

  3. #3
    Join Date
    Sep 2006
    Posts
    2

    Default Re: Class A Misdemeanor, Domestic battery, in Illinois

    what should i be looking for though, considering the victim had no injuries and i have absolutly no priors, i shouldnt be looking at jail time should I?

    thats the only thing i wanna know

  4. #4
    Join Date
    Feb 2009
    Posts
    1

    Default Re: Class A Misdemeanor, Domestic battery, in Illinois

    about 2 weeks ago i was arrested for domestic battery because my boyfriend and i were arguing and i hit him to get away from me because he wouldnt let me leave. This was happening by my car and someone passing by called the police. I admitted to punching him to get him away from me but didnt know where i was hitting him and he got a bloody nose. He isnt pressing charges but the state is....should i get a lawyer or will this case most likley be dropped

    i have heard many things about what i should do...he is going to court to say he is not pressing charges

  5. #5

    Default Re: Class A Misdemeanor, Domestic battery, in Illinois

    It doesn't matter if he presses charges or not, the state has a report of a possible crime and it's the state's job to pursue any crime brought to their attention. Considering that you could face potential jail time, restraining orders, and that your defense is "self defense", an attorney is highly recommended. You can call around and most will give at least an initial consultation for free to get a feel for what potential fates are possible, and also to see which attorneys you might "click with", or, you can request a public defender if you meet the income requirements.

  6. #6
    Join Date
    Jul 2010
    Posts
    1

    Default Re: Class A Misdemeanor, Domestic battery, in Illinois

    is aggravated domestic battery considered a Class A misdemeanor ?

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