Is Illinois Domestic Battery a Misdemeanor or Felony?

 Posted on May 23, 2025 in Domestic Violence

A 46-year-old Alton man allegedly struck a woman in the face with his closed fist, sprayed her in the face with Febreze, and caused more than $500 in damage to the victim’s pickup truck. The two lived in the same household, making the crime a domestic battery case. The man was charged with domestic battery, property damage, and aggravated battery, and remanded to jail, with additional conditions added for pre-trial release.

These are very serious charges with potentially serious penalties in the event of a conviction. If you are facing serious criminal charges, the most beneficial thing you can do is speak to an experienced Will County, IL criminal defense lawyer. Your attorney will comprehensively evaluate the facts and circumstances of your case, building a strong defense on your behalf.

Domestic Battery in Illinois

There are two types of domestic battery offenses in the state of Illinois. A person can be charged with domestic battery for causing bodily harm to a family member or household member or can be charged with domestic battery for insulting or provoking contact with a family member or household member. Family members or household members include:

• A spouse or former spouse
• Anyone who shares or formerly shared a common home
• People who have a child in common
• Anyone with a dating or engagement relationship
• A person with a disability and his or her caregiver
• Parents, children, stepchildren, and any other people related by blood or by prior or current marriage

A first offense charge of domestic battery that does not cause serious injury is usually charged as a Class A misdemeanor. If the defendant has a prior domestic battery conviction, has previously violated an order of protection, or there are other aggravating factors, the offense can be charged as a Class 4 felony.

A defendant charged with domestic battery is not eligible for court supervision, and a domestic battery conviction – even a misdemeanor – cannot be expunged or sealed from the defendant’s record. This makes domestic battery more serious than other misdemeanors.

What Are the Penalties for Domestic Battery?

The maximum penalty for a Class A misdemeanor is up to one year in jail and a maximum fine of $2,500. If the domestic battery is charged as a Class 4 felony, the penalty can be from one to three years in prison and a maximum fine of $25,000. If the defendant has three prior convictions for domestic battery, the offense can be charged as a Class 3 felony with penalties from two to five years in prison, and the potential for an extended term of five to 10 years.

Aggravated domestic battery is charged as a Class 2 felony when the defendant has four or more prior violent convictions or the defendant knowingly causes great bodily harm, disfigurement, or permanent disability. Class 2 felonies can result in three to seven years in prison, or seven to 14 years for an extended term.

Are There Defenses to Domestic Battery?

There are several potential defenses to domestic battery. The one chosen by the defendant’s attorney will depend on the facts and circumstances surrounding the incident. The most common defense is self-defense or defense of others, but this requires evidence such as witness testimony, injury photographs, and medical records. Claiming self-defense requires that the force used was proportionate to the threat.

False allegations or mistaken identity are defenses when the accused is innocent. A lack of physical evidence can be a defense, as the burden of proof lies with the prosecution. A good defense lawyer can identify any inconsistencies or weaknesses in the prosecutor’s case. Any evidence obtained in violation of the defendant’s constitutional rights can be suppressed before trial, and the prosecutor and defense attorney may be able to negotiate a plea bargain for a lesser crime or lesser penalties.  

Contact a Will County, IL Defense Lawyer

If you are charged with domestic battery, the best step you can take for your future is to speak to a knowledgeable Will County domestic battery attorney from Law Offices of Jack L. Zaremba, P.C.. Attorney Zaremba will protect your rights while aggressively defending against your charges. Call 815-740-4025 to schedule your free consultation.