What Are the Penalties for Domestic Battery in Illinois?

 Posted on August 09, 2024 in Criminal Law

Illinois law makes domestic violence a serious crime that carries severe consequences. A domestic battery conviction can affect the defendant’s life long after the legal proceedings have ended. Therefore, it is important to understand domestic violence charges and their penalties, along with the factors that determine whether a domestic battery charge will be treated as a misdemeanor or a felony.

This article will discuss how Illinois law defines domestic battery and the penalties for such an offense. If you have been accused of domestic violence, contact an Illinois domestic battery defense attorney right away to begin building your defense.

What Is Domestic Battery?

According to the Illinois Domestic Violence Act of 1986, domestic battery does not need to be physical violence for it to be a crime. The following actions can also constitute domestic battery:

• Harassment, such as stalking or repeated threats of violence or abuse
• Interference of personal liberties, such as not allowing someone to leave the house
• Willful deprivation, such as depriving a person of sleep, medication, or food
• Intimidation of a dependent like a child or disabled person

For domestic battery charges to be brought, the abuser and the victim must have one of the following relationships:

• Spouses or intimate partners
• Ex-spouses or former romantic partners
• Parents
• Children or stepchildren
• Anyone who shares a residence
• Caregivers and people with disabilities

What Are the Penalties for a Domestic Battery Conviction?

Penalties for domestic battery vary depending on whether the offense is a misdemeanor or a felony:

• If the defendant physically abused the victim, it is considered a Class A misdemeanor and carries up to a year in jail and a fine of up to $2,500.
• If the defendant has one or two prior domestic abuse convictions — which can include stalking or violating a restraining order — it is considered a Class 4 felony, which carries up to three years in prison and a fine of up to $25,000.
• If the defendant has three prior domestic abuse convictions, it is a Class 3 felony, punishable with up to five years in prison and a fine of up to $25,000. 
• If the defendant has four or more prior domestic abuse convictions, it is a Class 2 felony and is punishable with up to seven years in prison and a fine of up to $25,000.
• If the defendant is accused of committing domestic abuse in front of a minor, a judge may also sentence the accused to 10 days in jail or 300 hours of community service. The defendant may also have to pay for the child’s counseling.

Contact an Oakbrook Terrace, IL Domestic Battery Defense Lawyer

If you have been charged with domestic battery, a skilled Chicago, IL domestic battery defense attorney is your best chance of achieving a favorable outcome. At Hartsfield Law, we will use our experience and strong knowledge of the law to aggressively protect your rights and achieve the best result possible. Call 312-345-1700 to schedule a free consultation with an excellent attorney today.