Can You Be Charged With Domestic Battery if You Slap Your Husband?

In the state of Illinois, domestic battery is a crime – and it’s one that could land you in jail. But can you be charged with something as serious as domestic battery if you slap your husband?

Here’s what you need to know.

Can You Be Charged With Domestic Battery if You Slap Your Husband?

Domestic battery is defined this way by Illinois law:

(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
Sec. 12-3.2. Domestic battery.
(a) A person commits domestic battery if he or she knowingly without legal justification by any means:
(1) causes bodily harm to any family or household member;
(2) makes physical contact of an insulting or provoking nature with any family or household member.

Domestic battery is a Class A misdemeanor, and a judge can sentence you to imprisonment for up to a year and a fine of up to $2,500. However, if you have a previous domestic battery conviction or you have met a circumstance outlined in the IDVA, it could be a Class 4 felony. In that case, a conviction can result in up to 3 years in prison and a fine of up to $25,000.

Under Illinois law, you can absolutely be charged with – and convicted of – domestic battery if you slap your husband. You can’t make any physical contact of an insulting or provoking nature with any family or household member. That’s true even if you and your husband no longer live together, or if you’re divorced (ex-spouses count for domestic battery charges!).

Do You Need to Talk to an Attorney About Domestic Battery Defense?

If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.