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Barnes is charged under this statute according to the court documents
720 ILCS 5/12-3.2(a)(2)
I am no lawyer but according to documents that explain these charges....
He could be found innocent or negotiate a plea deal, but if found guilty here's an explanation of the possible penalties.
If convicted the potential penalty is "up to one year in jail and a maximum fine of $2,500."
(He could be sentenced to the time already served or any amount up to one year)
In addition:
".. if found guilty and sentenced to jail, the defendant is not eligible for early release. While other offenders can receive day-for-day credit reducing their sentences, offenders who are convicted of an offense causing bodily harm receive no day-for-day credit under the County Jail Good Behavior Allowance Act, 730 ILCS 130/3.
Domestic battery is one of the very few misdemeanors for which the court cannot give the defendant supervision. See 730 ILCS 5/5-6-1(c). Supervision is not a conviction and the record of supervision can be expunged. It is usually the preferred outcome in a criminal case.
(a guilty verdict will stay on his record forever)
But in a domestic battery case, the defendant has to be sentenced to a conviction. This is a mandatory minimum penalty. The conviction cannot be expunged or sealed. See 20 ILCS 2630/5.2(a)(3)(C)(iii).
The conviction for domestic battery will also disqualify the defendant from ever possessing a firearm."
Just recently the legislature amended this statute so that if the defendant has any prior conviction under this law or any violation of an order of protection, then the charges are automatically upgraded to a Class 4 felony.
720 ILCS 5/12-3.2(a)(2)
I am no lawyer but according to documents that explain these charges....
He could be found innocent or negotiate a plea deal, but if found guilty here's an explanation of the possible penalties.
If convicted the potential penalty is "up to one year in jail and a maximum fine of $2,500."
(He could be sentenced to the time already served or any amount up to one year)
In addition:
".. if found guilty and sentenced to jail, the defendant is not eligible for early release. While other offenders can receive day-for-day credit reducing their sentences, offenders who are convicted of an offense causing bodily harm receive no day-for-day credit under the County Jail Good Behavior Allowance Act, 730 ILCS 130/3.
Domestic battery is one of the very few misdemeanors for which the court cannot give the defendant supervision. See 730 ILCS 5/5-6-1(c). Supervision is not a conviction and the record of supervision can be expunged. It is usually the preferred outcome in a criminal case.
(a guilty verdict will stay on his record forever)
But in a domestic battery case, the defendant has to be sentenced to a conviction. This is a mandatory minimum penalty. The conviction cannot be expunged or sealed. See 20 ILCS 2630/5.2(a)(3)(C)(iii).
The conviction for domestic battery will also disqualify the defendant from ever possessing a firearm."
Just recently the legislature amended this statute so that if the defendant has any prior conviction under this law or any violation of an order of protection, then the charges are automatically upgraded to a Class 4 felony.
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