Illinois Domestic Battery Laws, Charges, and Penalties

 Posted on March 26, 2019 in Criminal Law

While all assault and battery charges are serious, charges and punishments can become even harsher when the alleged assault and/or battery occurs between people in a domestic relationship. Being accused of domestic battery is extremely serious and can result in extensive jail time and expensive fines. It is also often used to leverage favorable decisions in child custody or other matters in contentious divorce proceedings.

Domestic Battery Laws in Illinois

The Illinois Penal Code states domestic battery occurs when a person knowingly and unlawfully causes bodily harm or makes physical contact of an insulting or provoking nature to a family or household member. It is important to note that the crime must be committed against a family or household member, or it cannot be considered domestic battery. According to the state of Illinois, family or household members include:

• Spouses or former spouses;
• Parents, children, and stepchildren;
• People who currently or in the past shared a residence;
• People related by blood or marriage;
• People who are dating or engaged;
• People who have a child in common; and
• People with disabilities and their caregivers.

Domestic battery is classified as a Class A misdemeanor, with possible penalties of up to one year in prison, two years of probation, and $2,500 in fines for a first conviction. If the accused has previously been convicted of domestic battery or other violent crimes, the charge may be raised to a Class 4 felony. This carries a minimum of one year but not more than three years in prison, up to 30 months of probation, and a fine of up to $25,000.

A Rolling Meadows, IL Domestic Battery Defense Lawyer Can Help

The repercussions of a domestic battery charge can be long-lasting. Along with possible incarceration and heavy fines, it can jeopardize your chances at future employment and impact child custody. If you have been accused of domestic battery, you need a skilled Arlington Heights, IL defense attorney by your side. Scott F. Anderson, Attorney at Law has successfully defended clients for 25 years and knows how to help secure the best possible outcome in your case. Call our office today at 847-253-3400 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+12%2C+Subdiv%2E+5&ActID=1876&ChapterID=53&SeqStart=21300000&SeqEnd=23400000

https://www.thehotline.org/resources/statistics/

http://www.isp.state.il.us/crime/domesticviol.cfm