Defendant Sentenced to 42 Months in Prison on Charges of Aggravated Domestic Battery and Possession of Methamphetamine
People v. Ashworth: Aggravated Domestic Battery and Methamphetamine Possession in Illinois
In People v. Ashworth, 2023 IL App (5th) 220604-U, the Illinois Appellate Court for the Fifth District reviewed a defendant’s sentence following convictions for aggravated domestic battery and unlawful possession of methamphetamine. The defendant had been acquitted of two armed-violence counts but received concurrent prison sentences of 42 months for aggravated domestic battery and two years for methamphetamine possession.
The appeal focused on whether the trial court improperly considered the defendant’s decision to proceed to a jury trial when determining the sentence. The Fifth District ultimately affirmed the sentence, finding that the record did not establish that the trial court relied on an improper sentencing factor. The decision was issued under Illinois Supreme Court Rule 23 and is not precedential except in the limited circumstances permitted by the rule.
Quick Answer:
In People v. Ashworth, the defendant was convicted of aggravated domestic battery and unlawful possession of methamphetamine after being acquitted of two armed-violence counts. He received concurrent sentences of 42 months and two years. The appellate court affirmed after concluding that he did not establish that the sentencing judge actually relied on improper consideration of his decision to proceed to trial.
Case Overview
Charges
Ashworth faced two counts of armed violence, aggravated domestic battery, and unlawful possession of methamphetamine.
Trial Result
The jury acquitted Ashworth of both armed-violence charges and convicted him of aggravated domestic battery and unlawful possession of methamphetamine.
Sentence
The court imposed concurrent sentences of 42 months for aggravated domestic battery and two years for methamphetamine possession.
Appeal
Ashworth argued that the trial court improperly punished him for exercising his right to a jury trial. The Fifth District affirmed the sentence.
What Happened in the Case?
Travis Ashworth and his girlfriend, Alyssia Cook, were staying with a friend, Garrett Miller, and his wife for several days in February 2022. During that time, Ashworth and Cook became involved in an argument at approximately 2 a.m.
According to the appellate court’s opinion, Miller and his wife witnessed Ashworth put his hands around Cook’s throat while they were on a couch in the living room. When police arrived, officers observed injuries on Cook’s neck that were consistent with strangulation.
The Millers also told police that Ashworth had approached Garrett with a machete when they attempted to intervene. Police later conducted a consensual search of the mobile home and found the machete and methamphetamine.
Important Case Detail:
The victim of the aggravated domestic battery conviction was Ashworth’s girlfriend, Alyssia Cook. Garrett Miller was the friend who lived at the residence and who, according to the appellate opinion, was approached with a machete when he and his wife tried to intervene.
Aggravated Domestic Battery Charges
Illinois law defines aggravated domestic battery in multiple ways. Under 720 ILCS 5/12-3.3, a person commits aggravated domestic battery when, while committing a domestic battery, the person knowingly causes great bodily harm, permanent disability, or disfigurement, or when the person strangles another individual.
Illinois specifically defines strangulation in the aggravated domestic battery statute as intentionally impeding normal breathing or blood circulation by applying pressure to the throat or neck or by blocking the nose or mouth.
Great Bodily Harm or Serious Injury
Aggravated domestic battery can be based on knowingly causing great bodily harm, permanent disability, or permanent disfigurement while committing a domestic battery.
Strangulation
A person commits aggravated domestic battery when, while committing a domestic battery, the person strangles another individual by intentionally impeding normal breathing or blood circulation through pressure on the throat or neck or by blocking the nose or mouth.
What Does “Domestic” Mean Under Illinois Law?
The domestic component of the offense comes from Illinois’ definition of family or household members. Under 720 ILCS 5/12-0.1, family or household members include people who share or formerly shared a common dwelling, spouses and former spouses, people who have or had a dating relationship, people who have a child in common, and other relationships identified by the statute.
In this case, the defendant and Cook were in a dating relationship and were staying at the same residence when the incident occurred. The appellate court therefore addressed the aggravated domestic battery conviction under the applicable domestic battery statute.
Illinois Sentencing Range for Aggravated Domestic Battery
Class 2 Felony
Aggravated domestic battery is generally a Class 2 felony.
First Conviction
A Class 2 felony ordinarily carries a prison range of 3 to 7 years.
Probation
Probation can be legally available in some aggravated domestic battery cases, although eligibility depends on the defendant’s circumstances and other applicable statutory restrictions.
Second or Subsequent Conviction
A second or subsequent violation carries a mandatory prison term of 3 to 7 years, with an extended-term range of 7 to 14 years under the statute.
Under 720 ILCS 5/12-3.3, a probation or conditional-discharge sentence following an aggravated domestic battery conviction must include at least 60 consecutive days of imprisonment. The statute imposes additional mandatory imprisonment requirements for a second or subsequent violation.
The ordinary Class 2 felony sentencing range is 3 to 7 years under 730 ILCS 5/5-4.5-35.
Possession of Methamphetamine in Illinois
Illinois law separately criminalizes the knowing possession of methamphetamine under 720 ILCS 646/60. The felony classification depends largely on the amount of methamphetamine involved.
Less Than 5 Grams
Class 3 felony
5 to Less Than 15 Grams
Class 2 felony
15 to Less Than 100 Grams
Class 1 felony
100 Grams or More
Class X felony at the statutory thresholds identified in the law
For possession of less than 5 grams, Illinois classifies the offense as a Class 3 felony. A Class 3 felony ordinarily carries 2 to 5 years of imprisonment. Possession of 5 to less than 15 grams is a Class 2 felony, while possession of 15 to less than 100 grams is a Class 1 felony. Larger quantities are subject to Class X felony penalties under the statute.
Important Correction:
The original version of this article stated that manufacturing methamphetamine was a Class 2 felony. Current Illinois law generally classifies participation in the manufacture of less than 15 grams as a Class 1 felony, with substantially greater penalties applying as the quantity increases. Possession and manufacturing are separate offenses with different statutory penalty structures.
A Class 1 felony ordinarily carries 4 to 15 years of imprisonment under 730 ILCS 5/5-4.5-30.
Why Was Ashworth Sentenced to 42 Months?
At sentencing, the State requested four years in the Illinois Department of Corrections. Ashworth asked the court for probation and, alternatively, requested the minimum prison sentence of three years.
The trial court ultimately imposed 42 months for aggravated domestic battery and two years for methamphetamine possession, with the sentences running concurrently. The aggravated domestic battery sentence was six months below the State’s recommendation and six months above the three-year minimum.
4 years in IDOC
Probation, or alternatively the three-year minimum prison sentence
42 months for aggravated domestic battery and 2 years for methamphetamine possession, concurrent
What Did the Defendant Argue on Appeal?
Ashworth argued that the trial court unfairly sentenced him for exercising his right to a jury trial. He pointed to statements by the trial judge concerning the “posture” of the case and the defendant’s lack of acceptance of responsibility before trial.
The appellate court acknowledged that the statements, when considered in isolation, could arguably be perceived as punishment for refusing to plead guilty. However, the court explained that an isolated remark does not necessarily require resentencing. The defendant had to establish that the trial court actually relied on an improper factor when imposing the sentence.
The Alleged Error
Ashworth argued that the court punished him for refusing to plead guilty and going to trial.
The Appellate Review
The Fifth District reviewed the entire sentencing record rather than relying on a few isolated remarks made by the trial judge.
The Result
The appellate court found that Ashworth did not establish that the trial court relied on an improper sentencing factor and therefore affirmed the sentence.
What Factors Did the Trial Court Consider?
According to the appellate opinion, the trial court considered several aggravating and mitigating circumstances when determining the sentence.
Age
Ashworth was 27 years old at the time of sentencing.
Criminal History
The court considered prior convictions and juvenile offenses.
Violence
The trial court considered the degree of violence involved in the offense.
Probation History
The court considered several previous probation failures.
Work History
The defense presented testimony concerning Ashworth’s work ethic, which the court considered along with his employment history.
Substance Abuse
The trial court considered substance-abuse issues and concluded they likely contributed to the offense conduct.
What the Appellate Court Found:
The Fifth District determined that the record showed the trial court relied on legitimate aggravating and mitigating considerations, including criminal history, the violent nature of the offense, work history, and previous probation failures. The appellate court therefore found no basis to disturb the sentence.
The Appellate Court’s Decision
In People v. Ashworth, 2023 IL App (5th) 220604-U, the Fifth District affirmed the sentence.
The appellate court acknowledged that some of the trial judge’s comments concerning the “posture” of the case and lack of acceptance of responsibility could arguably be perceived as improper. However, the court emphasized that the entire sentencing record had to be considered.
The Fifth District concluded that Ashworth failed to establish that the trial court actually relied on those statements when determining that probation or the minimum prison sentence was inappropriate. The trial court had identified several other aggravating factors, and the 42-month sentence was substantially below the seven-year maximum for the Class 2 felony. The appellate court therefore affirmed.
Fifth District Appellate Court
Sentence affirmed after the defendant failed to establish that the trial court relied on an improper sentencing factor.
Because People v. Ashworth was issued under Illinois Supreme Court Rule 23, the order is not precedential except in the limited circumstances described in Rule 23(e)(1).
Talk to a Champaign, IL Criminal Defense Attorney Today
Being charged with aggravated domestic battery or possession of methamphetamine can expose a defendant to serious felony penalties. The facts of the alleged incident, the defendant’s criminal history, the amount of drugs involved, the applicable sentencing provisions, and the evidence presented at trial can all affect the outcome of a criminal case.
Patel Law, PC represents individuals who have been charged with serious crimes in Illinois. If you have been charged with possession of methamphetamine or aggravated domestic battery, call our Champaign criminal lawyers today to schedule an appointment and discuss your defense.
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Sources:
People v. Ashworth, 2023 IL App (5th) 220604-U
720 ILCS 5/12-3.3
720 ILCS 5/12-0.1
720 ILCS 646/60
730 ILCS 5/5-4.5-30
730 ILCS 5/5-4.5-35
