A La Salle man will spend six months in jail and serve 30 months probation after pleading guilty Thursday to domestic battery and felony aggravated battery.
Jose E. Hernandez, 32, was charged after a confrontation March 6, 2021, in a residence in the 900 block of Rock Street, Peru police said. He was alleged to have slapped a woman and then struck a man with a chair, fracturing the victim’s wrist.
At the time of the incident, prosecutors alleged forced entry and charged him with home invasion, a Class X felony carrying up to 30 years in prison.
Thursday, however, Hernandez entered a negotiated plea in which the home invasion count was dismissed. He accepted 180 days in jail on one count of aggravated battery, a Class 3 felony carrying up to five years in prison, plus a straight conviction for domestic battery, a misdemeanor.
Hernandez had no previous criminal history and was eligible for probation. The plea includes jail time with no day-for-day credit for good conduct, and Hernandez was immediately taken into La Salle County Jail to complete his sentence. With 39 days already served, he will be released in early April.
Mendota defense attorney David Kaleel said Hernandez had resided at the Peru home on an “on-again, off-again” basis, raising a potential defense to home invasion and which in turn led to negotiations. The La Salle County State’s Attorney’s Office declined comment on plea negotiations.
Source: The Daily Chronicle