What Are the Penalties for an Illinois Domestic Violence Charge?

 Posted on March 26, 2024 in Criminal Defense

Domestic violence, commonly referred to as domestic battery in Illinois, is a serious issue among couples and families, and the state has a strict set of laws for penalizing domestic violence. If you have been charged with domestic battery or a related domestic violence charge, it is important to understand your rights and the charges against you. A skilled Illinois defense attorney can help you navigate your legal options and advocate for your rights in court.

Illinois Domestic Battery Laws

Illinois domestic battery occurs when a person causes harm to another person’s body, makes physical contact, or acts insultingly or confrontationally to a family or household member. It is important to note that a home or family member includes many people, including spouses and former spouses, stepchildren, children, parents, those related by blood, those living in the same home, or people who are engaged or dating.

Acts that may qualify as domestic battery in Illinois include physical abuse such as hitting, slapping, and kicking, intimidation, harassment, forcing someone to do something against their will, or otherwise causing injuries or interfering with someone’s personal liberty.

Illinois Domestic Battery Penalties

Domestic battery charges vary in their penalties, and convictions often result in jail time, serious fines, and protection orders depending on the situation surrounding the charges.

Domestic battery penalties in Illinois include the following:

• Class A misdemeanor when an individual is charged with causing bodily harm or making provoking or insulting physical contact. This charge carries up to a year in jail and a fine of up to $2,500.

• Class 4 felony when domestic battery occurs and the alleged offender has a previous conviction for a domestic violence related offense, such as violating an Illinois Order of Protection, aggravated battery, or stalking. This carries a charge of up to three years in prison and a fine of up to $25,000.

• Class 3 felony when three domestic battery convictions are already on the offender's record. This charge carries up to five years in prison and a fine of up to $25,000.

• Class 2 felony occurs when the alleged offender already has four or more prior domestic battery or domestic violence related charges. This is punishable by up to seven years in jail and a fine of up to $25,000.

It is important to note that aggravated domestic battery can occur when the injuries to the victim result in permanent disability or disfigurement. This is also a Class 2 felony in Illinois.

Contact a Joliet, IL Domestic Battery Defense Lawyer

Domestic battery and related domestic violence offenses carry severe consequences in Illinois. The first thing you should do after receiving any domestic battery charge is contact an experienced Will County, IL domestic battery defense attorney. Attorney Todd J. Polito has extensive experience in criminal defense and the family law situations that may surround domestic battery charges, giving him the knowledge and negotiation skills to work for the most favorable outcome in your case.

Call McNamara Phelan McSteen, LLC at 815-727-0100 for a free consultation.