If you’re convicted, how long do you stay in jail for domestic battery? Here’s what you need to know about the sentence you could be facing.
How Long Do You Stay in Jail for Domestic Battery?
Domestic battery typically falls into one of four categories:
- Domestic battery as a Class A misdemeanor
- Domestic battery as a Class 4 felony
- Domestic battery as a Class 3 felony
- Domestic battery as a Class 2 felony
Here’s a closer look at each.
Domestic Battery as a Class A Misdemeanor
The judge does not have to sentence you to a full year in jail (or to pay $2,500 in fines). However, the judge in your case can sentence you to the full year if he or she believes the offense was serious enough to put you away for that long.
Domestic Battery as a Class 4 Felony
Domestic battery can be a Class 4 felony if you have a previous domestic battery conviction. In that case, the judge may send you to prison for 1 to 3 years and fine you up to $25,000.
Domestic Battery as a Class 3 Felony
Domestic battery can be a Class 3 felony if you have three prior domestic battery convictions. If you are convicted a fourth time, this Class 3 felony could send you to prison for 2 to 5 years.
Domestic Battery as a Class 2 Felony
Domestic battery can be a Class 2 felony if you have four or more prior convictions for domestic battery, or if it’s considered “aggravated.” Aggravated domestic battery occurs when the defendant (the person accused of committing the crime) causes great bodily harm or permanent disability or disfigurement to the alleged victim. It also occurs when the defendant strangles the victim during the commission of a simple domestic battery offense.
If you’re convicted of domestic battery as a Class 2 felony, you’ll spend a minimum of 3 years in prison, but the judge can sentence you to up to 7 years behind bars. Additionally, if you have ever been convicted of aggravated domestic battery before, the judge can send you to prison for up to 14 years.
What if the Domestic Battery Occurred in the Presence of a Child?
If domestic battery occurs in the presence of a child, the judge in your case will have to sentence you to at least 10 days in jail or to perform 300 hours of community service – or both.
What Should You Do if You’re in Danger of Going to Jail for Domestic Battery?
You always have the right to hire an attorney to answer your questions and represent you in court. If you’re in danger of going to jail for domestic battery, it’s in your best interest to get qualified legal advice. Call us right away at 847-920-4540 or fill out the form below for a completely free consultation with an experienced Chicago domestic battery defense attorney.