What Prior Convictions Make Domestic Battery a Felony in Illinois?

If you’re like many people, you know that domestic battery in Illinois is usually a Class A misdemeanor. However, in some cases it’s a Class 4 felony. One of the ways that domestic battery becomes a Class 4 felony is through prior convictions. But what prior convictions make domestic battery a felony in Illinois? This guide explains.

If you have a previous domestic battery conviction, or if you have met a circumstance outlined in the Illinois Domestic Violence Act, you’re facing a Class 4 felony. The circumstances that can make this crime a felony include a previous conviction for:

domestic battery
violation of an order of protection
first degree murder
attempt to commit first degree murder
aggravated domestic battery
aggravated battery
heinous battery
aggravated battery with a firearm
aggravated battery with a machine gun or a firearm equipped with a silencer
aggravated battery of a child or unborn child
aggravated battery of a senior citizen
stalking or aggravated stalking
criminal sexual assault or aggravated criminal sexual assault
kidnapping or aggravated kidnapping
predatory criminal sexual assault of a child
aggravated criminal sexual abuse
unlawful restraint or aggravated unlawful restraint
aggravated arson
aggravated discharge of a firearm

It’s important to know that a domestic battery charge becomes a Class 3 felony if you had three prior convictions under the law for domestic battery. Further, it becomes a Class 2 felony if you had four or more prior convictions of domestic battery.

What is the Penalty for Domestic Battery as a Class 4 Felony?

If you are convicted of a Class 4 felony, you could spend one to three years in prison and pay court ordered fines.

What is the Penalty for Domestic Battery as a Class 3 Felony?

If you are convicted of a class 3 felony, you could spend between two and five years in prison, as well as pay court ordered fines.

What is the Penalty for Domestic Battery as a Class 2 Felony?

If you were convicted of a Class 2 felony, you could spend between three and seven years in prison and pay court ordered fines.

What Should You Do if You’re Accused of Felony Domestic Battery Because of Prior Convictions?

If you are charged with felony domestic battery because of your prior convictions, your best course of action may be to speak with an experienced attorney who can help you. You should tell your attorney about all your prior convictions. Your attorney will evaluate your case and determine the best way forward.

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.

What Prior Convictions Make Domestic Battery a Felony in Illinois?