In Illinois the domestic battery statute says,
720 ILCS 5/12-3.2 – Illinois Domestic Battery Charge
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
|Class 3 Felony||3 prior domestic battery convictions|
|Class 2 Felony||4 prior domestic battery convictions|
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.
“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.”
- 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)