Will You Go to Jail for Domestic Violence if Your Wife is Pregnant?

 Posted on May 07, 2025 in Criminal Defense

The state of Illinois treats accusations of domestic violence seriously. If you have been charged with domestic battery, you could be sentenced to prison upon a conviction. If the alleged crime is committed against your pregnant wife, you could face even stricter prosecution. An Illinois criminal defense attorney can represent you in a domestic violence case, giving you a clear idea of what to expect from the legal proceedings.

The crime of domestic battery, especially against a pregnant woman, carries a harsh stigma. As such, you need a qualified attorney to prepare your defense. At The Law Offices of Matthew R. Gebhardt, P.C., we can help you strategize around the possible charges you may face, as Attorney Matthew Gebhardt draws on former experience as a prosecutor to offer clients optimal representation.

Domestic Battery Charges in Illinois

You can be charged with domestic battery for two different reasons:

• You knowingly injured someone in your family or household

• You made offensive physical contact with someone in your family or household

These acts only count as domestic battery when they are committed without legal justification. This means that you did not have a lawful reason – such as self-defense – to commit the act.

Without any aggravating circumstances, this can be charged as a Class A misdemeanor, with the possibility of up to a year in jail on a conviction. If you have a prior conviction for this crime on your record, you could face Class 4 felony charges, which are punishable by one to three years in prison.

You could also be charged with aggravated domestic battery for strangling your wife or otherwise causing serious injury in an act of domestic battery. This is a Class 2 felony punishable by three to seven years in prison. Felony offenses often carry hard minimum sentences, so it is crucial that you reach out to an attorney to help fight the charge.

Battery of an Unborn Child

You can be charged with a crime if you knowingly injure an unborn child "by any means." By itself, this crime is a Class A misdemeanor. If the act resulted in disfigurement or serious injury to the unborn child, it could be prosecuted as a Class 2 felony. As you may expect, the law makes exceptions for lawful abortions and medical procedures.

How Is Domestic Battery Against a Pregnant Wife Prosecuted?

If you have been accused of committing battery against your pregnant wife, you may be up against two separate charges – domestic battery and battery of an unborn child. One possible defense against the latter is asserting that you did not know that your wife was pregnant.

However, this still leaves you open to a domestic battery charge. In turn, you could claim that you were acting in reasonable self-defense. Alternatively, you could challenge the accusation itself if it is not founded on solid evidence. At The Law Offices of Matthew R. Gebhardt, P.C., we will discuss your options with you privately based on the facts of your case.

Meet With a Libertyville, IL Domestic Battery Attorney Today

If you have been accused of abusing your pregnant wife, you should know that a prison sentence is a very real possibility. At The Law Offices of Matthew R. Gebhardt, P.C., our Lake County, IL criminal defense lawyer can protect your rights in court against allegations of domestic violence. Call us at 847-239-4703 to schedule a free consultation today.