Domestic battery can – in some cases – be a Class 2 felony in the state of Illinois. Class 2 felonies come with serious penalties, so here’s what you need to know about a possible conviction.
Is Domestic Battery a Class 2 Felony in Illinois?
Generally, first-offense domestic battery is a Class A misdemeanor, though there are some exceptions. But would it surprise you to learn that the punishments get more severe with each subsequent conviction?
That’s where domestic battery as a Class 2 felony comes in. If the defendant has four or more prior convictions for domestic battery, or four or more convictions of a substantially similar crime in another jurisdiction, the state can make the charge a Class 2 felony.
Note: That means that even if your four previous convictions were in another state, or multiple other states, you’ll face Class 2 felony charges for committing domestic battery in Illinois.
And one more thing: If you have a previous domestic violence conviction, you must spend at least three consecutive days in jail. There’s no way around it; the law says “the offender shall be mandatorily sentenced to a minimum of 72 consecutive hours of imprisonment. The imprisonment shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence.” That means no matter what else the court sentences you to, you’ll spend time in jail.
What Are the Penalties for a Class 2 Felony of Domestic Battery?
In addition to the mandatory 3-day jail sentence, there’s a chance that the judge in your case will impose an additional sentence on you. The penalty for a Class 2 felony in Illinois is 3 to 7 years in prison and up to $25,000 in fines. The court can also order up to 2 years of mandatory supervised release, or between 7 and 14 years in prison for an extended term.
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.