How a Domestic Violence Charge Could Impact Your Gun Rights

 Posted on March 22, 2016 in Domestic Violence & Orders of Protection

In the state of Illinois, domestic battery (a domestic violence charge) is a serious offense that can have a permanent and damaging effect on your life. You could spend time in jail and face fines, you may be denied employment in certain settings because of your record, and a new law now restricts your ability to own, purchase, carry, or use a firearm. It is important to understand the details of a domestic violence charge, and how this new law may impact your life if you are convicted.  

What Constitutes Domestic Battery in Illinois?

To be convicted of domestic battery in the state of Illinois, you must be found guilty of causing bodily harm to a family member or household member, or making physical contact in a provoking or insulting way with a family member or household member. This extends much further than simply the people you are in a relationship with or natural family members. It also includes ex-spouses, stepchildren, people you live with, someone you share a common child with (or alleged common child with), have had a dating or engagement relationship with in the past, caregivers, and even personal assistants.

Domestic Violence Charges

When convicted of domestic battery in the state of Illinois, it may be considered either a Class A misdemeanor or a Class 4 felony. It is important to note, however, that these charges are weighed heavier than typical misdemeanors and/or felonies because of their nature. Under the misdemeanor charge, you can face up to a year in jail and a fine of up to $2,500. A Class 4 felony can have a prison sentence of one to three years. Neither can be expunged from your record or sealed from the public, and both may result in an order of protection against you.

Firearms and a Domestic Violence Charge

If you are convicted of domestic battery, or have been convicted within the past five years, your Firearm Owner’s Identification (FOID) card can be revoked and seized, preventing you from purchasing or possessing firearms or ammunition. Failure to comply can leave you open to federal criminal penalties that far exceed those of your domestic violence charges, and it is only after five years that you may apply to have your rights reinstated (which could still be denied).

Do Not Face Your Charges Alone

If you are facing criminal charges for domestic violence, do not underestimate the potential consequences, and do not face them alone. Instead, seek the assistance of a skilled and experienced Arlington, Illinois criminal defense attorney. Scott F. Anderson, Attorney at Law, is ready to hear your side of the story and will work hard to help you achieve the best possible outcome for your situation. Get the quality legal representation you deserve. Call 847-253-3400 and schedule your free initial consultation today.

Sources:

http://www.dailyregister.com/article/20160223/NEWS/160229810/?Start=1

http://smartgunlaws.org/domestic-violence-and-firearms-in-illinois/

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2