720 ILCS 5/12-3.2

Misdemeanor convictions that cannot be sealed: crimes of violence

November 23, 2012
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A person who is found guilty of a misdemeanor can have his record expunged in most circumstances. Most misdemeanors allow the court to impose a term of supervision if the defendant has no criminal history. Supervision is not a conviction, and it can be expunged. A conviction, however, cannot be expunged. It can only be […]

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Two types of domestic battery and penalties

September 13, 2011
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The law in Illinois provides that there are two types of domestic battery offenses. First, a person can be charged with domestic battery for causing bodily harm to any family or household member. Second, a person can also be charged with domestic battery for making contact of an insulting and provoking nature with any family […]

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Contempt of court: summary of Illinois law

May 1, 2011
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Every court of law has the inherent power to punish the parties that appear before it from misuse or abuse of legal process. In Illinois, the court has the authority to sentence those people to imprisonment. There are two types of contempt of court recognized under Illinois law. First, a person can be guilty of […]

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Why was I arrested for domestic battery when the victim refused to sign a complaint?

April 2, 2011
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All too often a person involved in a hostile confrontation in a domestic relationship will call the police without knowing the serious legal consequences that follow. Usually the person dialing 911 does not intend to have anyone arrested. The person’s motive is usually to calm the situation. But unfortunately, once the 911 call is made, […]

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Can the victim make the State drop charges in a domestic battery case?

February 3, 2011
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Many people believe that if they are the victim of a domestic violence incident, they can choose whether to press charges. During the course of a domestic altercation, they call 911 wanting the police to show up and calm the situation. In many instances, they do not want the defendant to be arrested. But once […]

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Choking or strangling a person during domestic battery is now a felony in Illinois

May 22, 2010
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Domestic battery is perhaps the most common criminal charge in the Illinois court system. The volume of domestic battery cases is so high that many county courthouses have a courtroom assigned specifically to handle theses cases. Accusations of domestic violence are frequently made in divorce and child custody disputes. Domestic battery is different from other […]

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What is the legal definition of great bodily harm?

April 25, 2010
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If a person causes great bodily harm to another while committing a criminal offense, the charge is usually a felony. What is the definition of great bodily harm? The Illinois Criminal Code of 1961 does not specify which injuries constitute great bodily harm. The question is for the jury to decide. When defendants have been […]

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Illinois State Police can deny Firearm Owner’s Identification Card to persons convicted of domestic offenses

March 6, 2010
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Illinois requires all persons who own or purchase firearms to register for a Firearm Owner’s Identification Card (FOID card). It is a criminal offense to possess a weapon without a FOID card. The firearms owner must submit the application to the Illinois State Police, who will conduct a thorough background check to see if the […]

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Can parents in Illinois get charged with domestic battery for striking their children?

February 21, 2010
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Domestic battery is a serious criminal offense in Illinois. The first offense is a Class A misdemeanor for which the court can sentence the defendant to up to one year in jail and order the defendant to pay a $2,500 fine. Also, the minimum sentence for domestic battery is a conviction that cannot be expunged […]

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What happens on a second offense of domestic battery in Illinois?

February 17, 2010
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Domestic battery enhanced is a Class 4 felony in Illinois. It is based on a prior domestic battery or violation of an order of protection.

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