The Law Office of Brian J. Mirandola


47 DuPage Court, Elgin, IL 60120

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Posted on in Domestic Violence

domestic battery, Kane County family law attorneyDomestic battery is considered a serious offense in the state of Illinois, and those who are convicted can face heavy penalties. Even first-time offenders with no previous criminal record can experience permanent effects that impact their daily lives. If you are facing domestic battery charges, understand these potential consequences, and how you can most effectively protect your future.

What Is Domestic Battery?

Illinois state law defines domestic battery as intentionally or knowingly causing bodily harm to another family member, or intentionally provoking or threatening a family member in a way that makes them believe you may cause them bodily harm. This can extend beyond those that live with you and may include:

  • Spouses or former spouses;
  • Parents;
  • Children or stepchildren;
  • Current or former roommates;
  • Current or former live-in partners;
  • Current or former intimate partners;
  • Anyone you share a child or alleged child with; or
  • Any other person with whom you may have had a personal, familial, or intimate relationship.

Criminal Classification of a Domestic Battery Charge

First-time domestic battery is considered a Class A misdemeanor in the state of Illinois. Subsequent offenses are considered a Class 4 felony, as are charges involving the violation of an order of protection. Furthermore, there may be aggravating factors that can bump your misdemeanor domestic battery case up to a Class 4 felony case. An experienced attorney can help you understand these factors and determine if they may apply in your situation.

Consequences of a Domestic Battery Conviction

Conviction of a domestic battery charge carries serious consequences, regardless of whether you are facing a misdemeanor or felony charge. Some can significantly and permanently affect your life. For example, a misdemeanor domestic battery charge may only result in up to a year in jail and fines of up to $2,500. However, the conviction can never be expunged or sealed from your record. That means that every employer who does a background check will see your conviction. If you are facing a felony charge, you could spend up to three years in prison, and you will have a permanent felony on your record, which can limit where you live and work.

An experienced Kane County criminal defense attorney will work hard to protect you from the consequences of a domestic battery conviction. Experienced in handling these complicated cases, we will search for any and all possible defenses that may work for your situation and use them to gain leverage in your case. Get the aggressive representation you deserve. Contact us today to schedule your free initial consultation.


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child abuse, neglect, Kane County criminal defense attorneySometimes all it takes for a child abuse investigation to get underway is a phone call from a neighbor. Once an investigation has begun, it is easy for parents to agree to anything that will allow them to try and keep their child in the home. Unfortunately, it is often that instinct that allows parents to have their rights violated.

Two Different Investigations

In the state of Illinois, it is often the Department of Child and Family Services (DCFS) that first gets a report of child abuse or child neglect. Depending on the nature of the allegations or suspicions, DCFS may notify local law enforcement of the reported concerns. In such a situation, the police and DCFS may each be conducting their own separate investigation and sharing relevant information about your case.

While a DCFS investigation is technically a family court issue related to a civil matter, their investigation can still have serious criminal consequences. Anything you say to a welfare worker or agency representative may ultimately be used on your behalf or against you in a criminal trial.

Consequences of Conviction

There are several different child abuse and child neglect crimes. One of the most common is called  child endangerment, and this crime covers a wide range of conduct. A recent, alarming trend around the country has seen such charges brought against parents who left their children in hot cars unattended, sometimes with tragic results. Even without a negative outcome to your child, you could face child endangerment charges for leaving your child under the age of six in a car for as little as ten minutes.

While some first-time child neglect offenses are Class A misdemeanors, most crimes with child victims are felonies. This means that a single conviction could bring prison sentences for first-time offenders of three years or longer, depending on the circumstances.

In addition to jail or prison time, a criminal conviction for child abuse or neglect makes a DCFS action against you almost certain. You can have your child removed from your home and placed in foster care for a period of time. You could even be facing the restriction or termination of your parental rights.

If you are convicted of a child abuse or child neglect crime, you may not be able to get certain professional licenses or obtain certain security clearances. Your ability to find work could be compromised and you may be prohibited from working with children in many situations, including volunteering at your child’s school.

When you have been accused or charged with child abuse, child endangerment, or child neglect, you need to speak to a tough and dedicated Elgin criminal defense lawyer right away. You should not discuss your case with anyone, including law enforcement or a DCFS representative until you have consulted with an attorney. Call 847-488-0889 today to schedule a free consultation at the The Law Office of Brian J. Mirandola.

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