Is Domestic Battery a Felony in Illinois?
Domestic violence is a serious issue affecting millions of people worldwide, including in the state of Illinois. In Illinois, domestic battery is a type of crime that occurs when one person physically harms another person they have a certain relationship with, such as a spouse, ex-partner, or family member. But is domestic battery a felony in Illinois?
What is Domestic Battery in Illinois?
Under Illinois law, domestic battery is defined as any physical battery committed by a family member or household member against another family member or household member. Illinois statutory law defines a "physical battery" as any intentional use of force or violence to cause physical harm or physical pain to another person. (720 ILCS 5/12-3.05)
Examples of domestic battery include physical altercations, hit-and-run incidents, pushing, shoving, choking, or any other use of physical force that results in harm or injury.
Is Domestic Battery Always a Felony in Illinois?
No, not always. Domestic battery in Illinois is typically a class A misdemeanor, punishable by up to one year in jail and a fine. However, there are several circumstances that can elevate a domestic battery charge to a felony:
• Force or violence causing great bodily harm or permanent disability (720 ILCS 5/12-3.05(a)(5)): If the domestic battery causes great bodily harm, permanent disability, or places the victim in danger of death, the charge will be elevated to a class 3 felony, punishable by 2-10 years in prison.
• Domestic battery during a previous domestic battery probation: If a person commits a second or subsequent offense of domestic battery while they are on probation for a previous domestic battery conviction, the charge will be a class 2 felony, punishable by 3-14 years in prison. (720 ILCS 5/12-15.2)
• Domestic battery against an elderly or disabled person (720 ILCS 5/12-2.5): If a person commits domestic battery against an elderly person (70 years or older) or a disabled person, and the battery causes great bodily harm or permanent disability, the charge will be elevated to a class 3 felony, punishable by 2-10 years in prison.
• Felony domestic battery by threat or force: If a person commits domestic battery with the use of a gun, knife, or any other deadly weapon, the charge will be a class 3 felony, punishable by 2-10 years in prison.
Consequences of a Felony Domestic Battery Conviction in Illinois
A conviction for felony domestic battery can have serious consequences, including:
• Prison time: Felony sentences in Illinois can range from 2-14 years in prison, depending on the specific circumstances of the case.
• Finances: Felony crimes can result in significant legal fees, fines, and restitution to the victim(s).
• Criminal record: A felony conviction will remain on your permanent criminal record, potentially limiting future job and education opportunities.
• Loss of rights: A felony conviction can result in the loss of certain rights, including the right to vote or own a firearm.
What Can You Do if You are Accused of Domestic Battery in Illinois?
If you are accused of domestic battery in Illinois, it is essential to take immediate action to protect your rights and interests:
• Seek legal advice: Consult with an experienced criminal defense attorney who specializes in domestic violence cases. They can help you navigate the legal process and argue for a favorable outcome in court.
• Assess the evidence: Ask your attorney to review any evidence collected by law enforcement and identify potential weaknesses in the prosecution’s case.
• Present your side: Share your side of the story with your attorney, including any witnesses, records, or other evidence that may support your version of events.
• Look into alternatives: Depending on the circumstances of the case, there may be alternatives to a felony conviction, such as a plea deal or diversion program.
In conclusion, while domestic battery is typically a class A misdemeanor in Illinois, it can be elevated to a felony under certain circumstances, including causing great bodily harm or permanent disability, commission of a second or subsequent offense while on probation, or using a deadly weapon. If you are accused of domestic battery, it is essential to seek legal advice and take immediate action to protect your rights and interests.
