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.
What Prior Convictions Make Domestic Battery a Felony in Illinois?
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.