Penalties for Domestic Battery in Illinois

 Posted on December 11, 2023 in Domestic Violence

Domestic battery is taken seriously in Illinois, with even a first offense carrying severe consequences. Under Illinois law, a person commits domestic battery if the individual physically harms or makes physical contact of an insulting or provoking nature to a household or family member.

Defending domestic violence charges can be challenging, and you may not know what your next steps should be. If you are facing domestic battery allegations, it is time to consult with a Chicago domestic battery lawyer.

Who Qualifies as a Family or Household Member?

Domestic battery occurs when an act of violence is committed against a family or household member. Under the law, the following individuals qualify as family or household members:

• Spouses and former spouses
• Parents and children
• Stepchildren
• Persons of blood relation or persons related by marriage (present or former)
• Roommates or ex-roommates
• Present or former romantic partners

Domestic Battery as a Misdemeanor

Domestic battery is typically classified as a Class A misdemeanor. In Illinois, a Class A misdemeanor is the most severe type of misdemeanor. You could potentially serve 364 days in prison, have a fine of $2,500, and a two-year probationary period.

The court may also grant an order of protection, which will prohibit you from being in certain places and from being in contact with the protected person.

Domestic Battery as a Felony

According to 720 ILCS 5/12-3.2, domestic battery may be charged as a Class 4 felony if you violate an order of protection or if you have prior convictions for domestic battery, first-degree murder, attempted first-degree murder, aggravated battery, aggravated battery of a child, or other violent crimes.

While a Class 4 felony is the least severe felony charge you can receive in Illinois, a conviction can result in one to three years in prison, a fine of $25,000, up to 30 months of probation, and one year of parole. If you receive an extended term, you will be incarcerated between three to six years.

Firearm Rights

If you have been convicted of domestic violence, your firearm rights may be revoked. The government’s rationale is that people who have a propensity toward violence should not own firearms.

Both the Gun Control Act of 1968 and federal criminal statutes prohibit anyone who has been convicted of domestic violence to ship or transport any firearm or ammunition.

Avoiding a Domestic Battery Conviction

Besides the above-mentioned penalties, a domestic battery conviction can also affect future prospects. Unfortunately, a crime involving domestic violence cannot be expunged, making it a permanent part of your record.

Since most employers conduct a background check before hiring job candidates, they will also have access to your criminal record. Having a domestic violence crime on your record could have negative effects on your ability to find employment and could also cause you to lose your current job.

Defending a domestic violence conviction can be challenging, but all measures should be taken to avoid it. Having a skilled Cook County domestic battery lawyer in your corner can make all the difference.

Contact a Chicago, IL, Domestic Battery Lawyer

Being accused of domestic violence can threaten your freedom, financial security, and future. If you are facing domestic battery charges, you need to speak with a Cook County, IL, domestic battery lawyer. Contact Law Offices of James F. DiQuattro today online or by calling 312-627-9482 to schedule your free consultation.