In some instances, domestic battery is a Class 4 felony in Chicago and the rest of Illinois. Typically, it’s a Class A misdemeanor that results in imprisonment for up to a year and a fine of up to $2,500… but when does it become a felony?
When is Domestic Battery a Class 4 Felony in Chicago?
Several circumstances can turn a misdemeanor domestic battery charge into a felony charge, including whether the instance involves a child (or whether a child was present), the incident included sexual assault or if you used a firearm.
According to 720 ILCS 5/12-3.2, domestic battery is also a Class 4 felony if the defendant has a prior conviction for:
- Violation of an order of protection
- First-degree murder
- Attempt to commit first-degree murder
- Aggravated domestic battery
- Aggravated battery
- Heinous battery
- Aggravated battery with a firearm
- Aggravated battery with a machine gun or a firearm equipped with a silencer
- Aggravated battery or a child
- Aggravated battery of an unborn child
- Aggravated battery of a senior citizen
- Stalking or aggravated stalking
- Criminal sexual assault or aggravated criminal sexual assault
- Kidnapping or aggravated kidnapping
- Predatory criminal sexual assault of a child
- Aggravated criminal sexual abuse
- Unlawful restraint or aggravated unlawful restraint
- Aggravated arson
- Aggravated discharge of a firearm
Further, if you have had one or two prior convictions for domestic battery or aggravated domestic battery (or comparable crimes in other jurisdictions), it’s a Class 4 felony.
When is Domestic Battery a Class 3 Felony in Chicago?
This type of battery becomes a Class 3 felony if you have three prior convictions of domestic battery or aggravated domestic battery (or comparable crimes in other jurisdictions).
When is Domestic Battery a Class 2 Felony in Chicago?
If you’ve had four or more of the same convictions, domestic battery becomes a Class 2 felony.
Have You Been Accused of Domestic Battery?
If you’ve been accused of domestic battery in Chicago or the surrounding communities, we may be able to help you—but you need to call a domestic battery defense attorney as soon as possible. We’ll be happy to give you a free domestic battery case review.