Defendant Sentenced to 42 Months in Prison on Charges of Aggravated Domestic Battery and Possession of Methamphetamine
An Illinois defendant was sentenced to 42 months in the Illinois Department of Corrections on counts of aggravated domestic battery and possession of methamphetamine. He was acquitted of two charges of armed violence. At his sentencing, the state requested a sentence of 4 years on the conviction while the defendant lobbied for probation. The trial court sentenced him to 42 months on both counts of aggravated domestic violence and two years on the count of possession of methamphetamine. The defendant filed an appeal of the conviction.
The defendant and his girlfriend lived with a friend who was the victim in this case. An argument broke out between the defendant and his friend at which point the defendant attempted to strangle the friend and used a machete to threaten him. When police arrived they found methamphetamine and the machete. The noted redness around the victim’s neck is consistent with strangulation.
Aggravated domestic battery charges
Illinois defines aggravated domestic battery in two different ways. (1) When the defendant causes great bodily harm to the victim, and (2) when there is evidence of strangulation. In the case mentioned above, the defendant was alleged to have strangled the victim. Police found red marks and bruising around the complainant’s neck consistent with strangulation. Under Illinois law, strangulation is defined as intentionally blocking the airway of a victim or by blocking the nose or mouth of the victim. Alternatively, it can also be interpreted as blocking the blood flow to the brain as in a sleeper hold.
The other element of this crime involves the word “domestic”. In the case of aggravated domestic battery, the prosecution must establish that the victim lived within the same household as the perpetrator.
Aggravated domestic battery is considered a class-2 felony under Illinois law. It has a sentencing range between 3 and 7 years in prison. Probation can be available for first offenses. However, if the perpetrator is convicted of a second count of domestic battery, the sentencing range falls between 3 and 14 years.
Possession of methamphetamine in Illinois
Possession of methamphetamine is considered a class-3 felony under Illinois law. Those charged with manufacturing methamphetamine face a class-2 felony under Illinois law. How harsh the sentences are depends on how much methamphetamine is discovered in your possession. Those with less than 5 grams face a minimum sentence of two years, which is what the defendant faced. Those in possession of between 5 and 15 grams face a potential sentence of 3 to 7 years. Those in possession of between 15 and 100 grams face a potential sentence of 4 to 15 years.
Talk to a Champaign, IL Criminal Defense Attorney Today
Patel Law, PC represents the interests of those who have been charged with serious crimes in Illinois. If you have been charged with possession of methamphetamine or aggravated domestic battery, you will need a strong defense to the charges. Call our Champaign criminal lawyers today to schedule an appointment, and we can begin discussing your defense immediately.