Facing a Domestic Battery Charge in Chicago or Cook County? Andrew M. Weisberg is Here to Defend You
A domestic battery charge in Illinois is a serious legal matter that can have long-term consequences. The law defines domestic battery as either causing bodily harm to a family or household member or making physical contact in a way that is insulting or provoking. A first-time offense is typically charged as a Class A misdemeanor, which can result in up to 364 days in jail and fines of up to $2,500 plus court costs.
However, domestic battery cases are now being prosecuted more aggressively in Cook County. Under new policies introduced by the Cook County State’s Attorney in December 2024, prosecutors are taking a tougher stance on domestic cases. Charges that previously could have been resolved with probation or alternative sentencing are now being pursued as felonies, with harsher penalties and fewer plea deal options.
If you have prior domestic battery convictions or if prosecutors determine the case is particularly violent, you could be charged with aggravated domestic battery, a Class 4 felony that carries up to 3 years in prison and fines of up to $25,000. Additionally, courts may impose mandatory domestic violence classes, drug and alcohol evaluations with required treatment, or GPS monitoring to track movements.
Because of these stricter prosecution policies, the need for a skilled defense attorney is more critical than ever. Andrew M. Weisberg is a former Cook County prosecutor who has extensive experience handling domestic battery cases. He understands the new challenges defendants face and knows how to build a strong defense to protect your future.
How Cook County’s New Policies Impact Domestic Battery Defendants
The new Cook County State’s Attorney has implemented stricter prosecution policies for domestic violence cases, including:
- Prosecuting more cases as felonies – Where a first offense may have previously resulted in probation or supervision, many cases are now being charged as felonies with potential prison time.
- Stronger opposition to plea deals – Deferred prosecution and alternative sentencing options that allowed defendants to resolve cases without a criminal record are now harder to obtain.
- Harsher penalties for repeat offenders – Anyone with a prior domestic battery conviction faces greater resistance from prosecutors when negotiating a plea agreement.
These policy changes mean that even a first-time charge can carry life-altering consequences, making it essential to hire an experienced Chicago criminal defense attorney immediately.
Understanding Domestic Battery and Aggravated Domestic Battery Charges in Illinois
Illinois law treats domestic battery and aggravated domestic battery as serious offenses.
Domestic Battery (720 ILCS 5/12-3.2)
- Class A Misdemeanor
- Up to 364 days in jail
- Up to $2,500 in fines
- Permanent criminal record (not eligible for expungement)
Aggravated Domestic Battery (720 ILCS 5/12-3.3)
A domestic battery charge is elevated to aggravated domestic battery if:
- The victim suffers great bodily harm, permanent disability, or disfigurement
- The defendant allegedly committed strangulation or choking
Penalties:
- Class 4 Felony
- 1 to 3 years in prison (non-probationable)
- Fines up to $25,000
- Longer prison sentences for repeat offenders
If a child was present during the incident, Illinois law requires a sentence of at least 10 days in jail and/or 300 hours of community service. Additionally, the defendant may be responsible for paying for the child’s counseling.
Under Cook County’s new stricter policies, prosecutors are seeking harsher penalties even in cases where the alleged injury is minimal. This is why early legal intervention is crucial.
Why Choose Andrew M. Weisberg to Defend Your Domestic Battery Case?
Andrew M. Weisberg is a highly experienced Chicago criminal defense lawyer with a background as a former Cook County prosecutor. He understands how the State builds domestic battery cases and knows how to dismantle them.
Key Defense Strategies He May Use in Your Case:
- Self-Defense or Defense of Others – If you were acting in self-defense or trying to protect someone else, this can be a powerful defense.
- False Accusations – Domestic cases often involve exaggerated or false allegations due to heated arguments, divorces, or custody battles.
- Lack of Evidence – The prosecution must prove beyond a reasonable doubt that an act of domestic battery occurred. If the evidence is insufficient, contradictory, or unreliable, the case may be dismissed.
- Violation of Rights – If police violated your constitutional rights during your arrest or questioning, evidence could be challenged or thrown out.
With Cook County prosecutors less willing to negotiate, having a strong legal advocate like Andrew M. Weisberg can make a significant difference in your case outcome.
Andrew M. Weisberg: The Right Chicago Defense Lawyer for Your Case
Andrew M. Weisberg is committed to providing aggressive defense strategies and personalized attention to every client. He will:
- Thoroughly investigate the case and examine evidence to build a solid defense
- Challenge the prosecution’s case and seek weaknesses in their arguments
- Negotiate for reduced charges or alternative sentencing options
- Fight for a dismissal or acquittal when possible
Given the tougher stance on domestic battery cases, you cannot afford to wait. The sooner you involve an experienced defense attorney, the better your chances of securing a favorable resolution.
Contact Andrew M. Weisberg for Immediate Legal Representation
If you are charged with domestic battery in Chicago, you need a strong defense immediately. With Cook County prosecutors taking a tougher stance on domestic cases, it is more important than ever to have an experienced and aggressive criminal defense attorney fighting for you.
Call Andrew M. Weisberg today for a free consultation and take control of your defense.
- Call Now: (773) 908-9811 – Available 24/7
- Online: Fill out our Case Review Form for immediate legal assistance
With prosecutors pushing for harsher penalties, your freedom, future, and reputation are on the line. Let Andrew M. Weisberg protect your rights and fight for the best possible outcome in your case.
