In Illinois the domestic battery statute says,
720 ILCS 5/12-3.2 – Illinois Domestic Battery Charge
“A person commits domestic battery if he or she knowingly without legal justification by any means:
(1) causes bodily harm to any family or household member;
(2) makes physical contact of an insulting or provoking nature with any family or household member.”
Domestic Battery Sentence
Domestic battery is ordinarily a misdemeanor offense in Illinois, however prior criminal convictions can convert the crime to a felony. See 720 ILCS 5/12-3.2(b).
| Class A Misdemeanor | First offense |
| Class 4 Felony | Prior conviction for certain listed offenses or 1 or 2 prior domestic battery convictions |
| Class 3 Felony | 3 prior domestic battery convictions |
| Class 2 Felony | 4 prior domestic battery convictions |
See the Illinois felony classification system chart.
Minimum Sentencing Provisions
A person shall serve at least 72 hours of imprisonment if this is a second or subsequent conviction. See 720 ILCS 5/12-3.2(b).
720 ILCS 5/12-3.3 – Illinois Aggravated Domestic Battery Charge
There are 2 types of aggravated domestic battery.
Strangulation
“A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery.”
Great Bodily Harm
“A person who, in committing a domestic batter, knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.”
Minimum Sentence For Aggravated Domestic Battery
If a person is placed on probation for aggravated domestic battery they must serve at least 60 days in jail.
Also a second or subsequent conviction for domestic battery is non probationable. See 720 ILCS 5/12-3.3(c)
Family Or Household Member
The Illinois criminal code defines a family or household member this way:
“Family or household members’ include *** persons who have or have had a dating or engagement relationship. *** For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.”
See Also
- People v. Gray, 2017 IL 120958 (September). Episode 410 (Duration 8:33) (“Family Or Household Member” Status Intentionally Has No Time Limit)
- People v. Espinoza, 2015 IL 118218 (December 2015). Episode 121 (Duration 7:59) (Full Name of Victim Required In Charging Instrument In All Non-Sex Cases Including Domestic Battery)
- People v. Heller, 2017 IL App (4th) 140658 (January). Episode 304 (Duration 5:23) (Use this modified IPI 3.14 when other crimes evidence is admitted in a domestic battery pursuant to 725 ILCS 5/115-7.4.)
- People v. White, 2015 IL App (1st) 131111 (December). Episode 126 (Duration 3:01) (Aggravated Battery is Not Necessarily a Forcible Felony In Illinois)
- Enhanced Sentence Based On Criminal History Requires Notice Under 725 IlCS 5/111-3(c)
Samuel Partida, Jr. is now prosecuting criminal law cases in an Illinois county near you. He is, therefore, unavailable to answer questions on this site. Always remember, there is no substitute for steady, persistent attention to the cases.
Leave a Reply