Domestic Battery Penalty in Illinois

Domestic battery penalties in Illinois are extremely serious. If you’re convicted of this crime, you could end up spending time in jail, missing out on time with your children and even losing your job.

Domestic Battery Penalty in Illinois

Domestic battery – which is different from aggravated domestic battery – is a Class A misdemeanor in Illinois. Sometimes it’s a Class 4 felony, as well (more on that later).

If you’re convicted of a Class A misdemeanor for domestic battery, the judge can sentence you to jail for up to a year and order you to pay fines of up to $2,500.

Related: The two types of domestic battery charges in Illinois

When Domestic Battery is a Class 4 Felony

Domestic battery can turn into a Class 4 felony in some cases. If you have a previous domestic battery conviction – meaning that this is your second, third, fourth or subsequent offense – or if you’ve met a circumstance outlined in the Illinois Domestic Violence Act, you could be looking at a felony. If you’re convicted of domestic battery as a Class 4 felony, the judge can sentence you to up to 3 years in prison (not jail) and order you to pay fines of up to $25,000.

What the Prosecutor Must Prove

In order for the court to convict you of domestic battery, you and the alleged victim have to be in a certain type of relationship. You must be:

  • Spouses or ex-spouses
  • Blood-related family members
  • Co-parents or individuals related by blood through a child
  • Current or former roommates
  • Parents and children or stepparents and children
  • Elderly or disabled adults and caregivers

The prosecutor also has to prove that you knowingly and without legal justification caused bodily harm to the alleged victim, or that you made physical contact of an insulting or provoking nature to the alleged victim.

Related: Is it possible to win a domestic battery case?

Do You Need to Talk to a Lawyer About the Domestic Battery Penalties in Illinois?

If you’re facing domestic battery charges in Chicago, Skokie, Rolling Meadows or another community, we may be able to help you get the best possible outcome. Have a look at our results. While we can’t guarantee a specific outcome, many people find it helpful to see what we’ve done in the past.

When you’re ready, call us at 847-920-4540 for a free consultation with an experienced, knowledgeable lawyer. You can also fill out the form below and we’ll call you as soon as possible.

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