What are the penalties for domestic battery charges in Illinois? If you’re facing a domestic battery charge, you’re probably wondering the same thing – and this guide explains.
Penalties for Domestic Battery Charges in Illinois
The penalties for domestic battery charges in Illinois can be extremely serious – up to and including prison time. Here’s what you need to know.
What is Domestic Battery?
Domestic battery is a criminal offense that involves physical harm to another person, unwanted physical contact, insulting contact or provoking physical contact. The legal definition is this:
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
Sec. 12-3.2. Domestic battery.
(a) A person commits domestic battery if he or she knowingly without legal justification by any means:
(1) causes bodily harm to any family or household member;
(2) makes physical contact of an insulting or provoking nature with any family or household member.
Family or household members include:
- Blood-related family members
- Current roommates
- Former roommates
- Elderly adults and caregivers
- Disabled adults and caregivers
- Individuals related by blood through a child
- Parents and children
- Stepparents and children
If you don’t fit into one of these relationships, it’s not domestic battery – but it may be another battery charge.
What Are the Penalties for Domestic Battery Charges in Illinois?
There are no penalties for charges – you must be tried and convicted of the crime to face penalties for it.
With that said, domestic battery is a Class A misdemeanor in Illinois. That means you can go to jail for up to a year and pay up to $2,500 in fines. However, that’s for your first offense; if you have a previous domestic battery conviction, or if you have met a circumstance outlined in the Illinois Domestic Violence Act, you could be looking at a Class 4 felony. If you’re convicted of domestic battery as a Class 4 felony, you could go to prison for up to 3 years, and the judge in your case could order you to pay up to $25,000 in fines.
Do You Need to Talk to a Lawyer About Domestic Battery Charges?
If you’ve been accused of domestic battery, we may be able to help you. Call us at 847-920-4540 or fill out the form below – we’ll be happy to give you a free case review.