The Two Types of Domestic Battery in Illinois

Domestic battery in Illinois is a serious crime – and it’s one that, if you’re convicted, can land you in prison. Here’s what you need to know about the two main types of domestic battery under Illinois law.

Domestic Battery

Domestic battery is a crime that involves physical harm to another person or unwanted, insulting or provoking physical contact. Not just any person, though – the victim and the accused person must have a certain type of relationship with each other, such as:

  • Spouses
  • Ex-spouses
  • Blood-related family members
  • Co-parents
  • Current roommates
  • Elderly adults and caregivers
  • Disabled adults and caregivers
  • Former roommates
  • Individuals related by blood through a child
  • Parent-child
  • Stepparent-child

If you’re convicted of domestic battery, you’re looking at a Class A misdemeanor. The penalties include imprisonment for up to a year, as well as a fine of up to $2,500. If you have a previous domestic battery conviction, or if you have met a certain circumstance outlined in the Illinois Domestic Violence Act, you could be facing a Class 4 felony. Your attorney can give you more information on that, but the possible penalties of a conviction for a Class 4 felony can result in up to 3 years in prison and fines of up to $25,000.

Related: What if police arrest you for domestic violence in Skokie?

Aggravated Domestic Battery

Aggravated domestic battery is a more serious crime than domestic battery is, and it carries a heavier penalty.

The relationships that the victim and accused fall into are the same as they are for domestic battery, but the crime itself involves great bodily harm, permanent disability or disfigurement. Also, if the accused has choked the victim, or blocked the victim’s ability to breathe, it’s considered aggravated domestic battery.

Aggravated domestic battery is a Class 2 felony. The penalties, if you’re convicted, can include between 3 and 7 years of imprisonment. However, if you have a previous aggravated domestic battery conviction, the judge could sentence you to between 3 and 14 years in prison.

Related: Should you tell the police you’re innocent when you’re arrested for domestic battery?

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

If you’ve been accused of domestic battery or aggravated domestic battery, we may be able to help you.

Call us right now at 847-920-4540 or fill out the form below for a completely free consultation with an Illinois domestic battery attorney. Check out the results we’ve been able to get for many of our clients, learn more by reading our domestic battery information blog or simply call us now to discuss your case.

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