If you’re convicted of domestic battery, you’ll have a permanent criminal record – one that you can’t expunge or seal. Convictions for domestic battery and aggravated domestic battery don’t “drop off” your criminal history, and you can’t have them cleared through expungement or sealing.
Convictions for Domestic Battery
A domestic battery conviction, which stays on your record except under very specific circumstances (such as a pardon from the governor or the completion of a special – and rare – type of probation, which your attorney can explain to you), can result in serious jail time and fines.
Domestic battery is a Class A misdemeanor. In some cases, it’s a Class 4 felony.
Domestic Battery as a Class A Misdemeanor
If you’re charged with a first offense of domestic battery, you’re looking at a Class A misdemeanor. You could be sentenced to up to a year in jail and a fine of up to $25,000.
Domestic Battery as a Class 4 Felony
If you have a previous domestic battery conviction, or if you’ve met one of the circumstances under the Illinois Domestic Violence Act, you’re facing a Class 4 felony. You could be sentenced to up to 3 years in prison and a fine of up to $25,000.
What About Aggravated Domestic Battery?
Aggravated domestic battery is a more serious crime than domestic battery is. It’s a Class 2 felony, and if you’re convicted, you could spend up to 7 years in prison. (If you’ve been convicted of aggravated domestic battery before, you’re looking at up to 14 years in prison.)
Can You Avoid a Domestic Battery Conviction?
Because a domestic battery conviction stays on your criminal record forever, you may want to fight the charges in court. For many people, that means working with a domestic battery defense attorney who works in Chicago, Skokie, Rolling Meadows and the surrounding communities. While there’s no guarantee on how a judge will rule in any case, you always have the right to legal counsel.
If you need to talk to an attorney about domestic battery charges, we’ll be happy to answer your questions and provide you with the help you need. Call us at 847-920-4540 today for a free domestic battery consultation.