If you’re like many people, you know that if you’re convicted of domestic battery in the state of Illinois, you’ll spend some time in jail – but how long will you go to jail for domestic battery? This guide explains.
How Long Will You Spend in Jail for Domestic Battery?
A domestic battery conviction is serious – and the penalties are harsh. If the state of Illinois convicts you of domestic battery and it’s your first offense, it’s generally a Class A misdemeanor. However, if you have one or more previous convictions, if you’re convicted of aggravated domestic battery, or if you meet a circumstance outlined in the Illinois Domestic Violence Act, you’re facing felony charges.
Class A Misdemeanor Domestic Battery
Domestic battery is a Class A misdemeanor, so if you’re convicted, you can go to jail for up to a year and pay fines of up to $2,500. The actual crime of domestic battery is defined under Illinois law as knowingly and without legal justification, causing bodily harm to any family or household member, or making physical contact of an insulting nature with any family or household member.
Class 4 Felony Domestic Battery
If you have been convicted of violating an order of protection, or if you’ve been convicted of domestic battery in the past (either in Illinois or another state), you’re facing Class 4 felony charges. Additionally, if you have a prior conviction for:
- Aggravated arson
- Aggravated battery
- Aggravated battery of a child or unborn child, or of a senior citizen
- Aggravated battery with a firearm, machine gun or firearm equipped with a silencer
- Aggravated criminal sexual abuse
- Aggravated discharge of a firearm
- Aggravated domestic battery
- Attempt to commit first-degree murder
- Criminal sexual assault or aggravated criminal sexual assault
- First-degree murder
- Heinous battery
- Kidnapping or aggravated kidnapping
- Predatory criminal sexual assault of a child
- Stalking or aggravated stalking
- Unlawful restraint or aggravated unlawful restraint
A conviction for a Class 4 felony can result in 1 to 3 years in prison.
Class 3 Felony Domestic Battery
Domestic battery is a Class 3 felony if you have three prior convictions of domestic battery. The penalty for a Class 3 felony conviction is 2 to 5 years in prison.
Class 2 Felony Domestic Battery
Domestic battery is a Class 2 felony if you have four or more prior convictions. The penalty for a Class 2 felony conviction is 3 to 7 years in prison.
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.