Aggravated Domestic Battery: Illinois Penalties and 85% Rule

Aggravated domestic battery in Illinois is a Class 2 felony that carries three to seven years in state prison, and anyone sentenced must serve at least 85 percent of that term before release.¹ Beyond the sentence itself, a conviction brings a permanent federal firearms ban, possible deportation for non-citizens, lasting damage in family court, and a record that cannot be expunged or sealed. The penalties below cover a first conviction unless noted; a second conviction is worse across the board.

Prison Time and the 85 Percent Rule

The baseline sentence for a first aggravated domestic battery conviction is three to seven years in the Illinois Department of Corrections.² A second or later conviction for the same offense carries a mandatory three to seven years with no probation available, or an extended term of seven to fourteen years.¹

The number that catches people off guard is the 85 percent rule. Aggravated domestic battery is a truth-in-sentencing offense, so good-time credits cannot shorten the term to anything close to half. A five-year sentence means at least four years and three months in custody before release eligibility. A seven-year sentence means roughly six years.

After the prison term ends, a two-year period of mandatory supervised release follows.² Violating any of its conditions can send you back to finish the balance of the sentence inside.

Probation on a First Conviction, With Mandatory Jail

A judge can grant probation or conditional discharge for a first conviction, but the statute requires at least 60 consecutive days in county jail as a condition.¹ That minimum is not waivable. It sits on top of every other condition the court imposes.

Those other conditions are usually substantial. Courts can require psychological or psychiatric treatment, substance abuse counseling, and ongoing drug or alcohol testing.³ Illinois also runs Partner Abuse Intervention Programs, structured group programs that run roughly 24 to 30 weeks, and judges routinely order enrollment. Missing sessions or failing to finish counts as a probation violation, which opens the door to resentencing and prison.

If you already have an aggravated domestic battery conviction on your record, probation is off the table. The statute requires a prison sentence of at least three years for the second one.¹

What Triggers the Aggravated Charge

The penalties above only apply if the conduct meets one of the two statutory thresholds. The first is injury-based: the defendant knowingly caused great bodily harm, permanent disability, or disfigurement to a family or household member during a domestic battery.¹ Bruises and minor cuts do not qualify. Broken bones, internal injuries, wounds requiring surgery, and lasting scars do.

The second is strangulation: restricting someone’s breathing or blood circulation by pressure on the throat or neck, or by blocking the nose or mouth. Strangulation triggers the aggravated charge whether or not the victim shows lasting injury afterward.

The victim also has to qualify as a family or household member under Illinois law, which covers spouses and former spouses, parents and children, people who share or shared a home, co-parents, current and former dating partners, and caregivers for people with disabilities.⁴ If the relationship falls outside those categories, the same physical conduct may still be charged as ordinary aggravated battery, but without the domestic sentencing consequences.

Fines, Restitution, and Program Costs

Class 2 felony fines can run several thousand dollars, and the court costs, probation supervision fees, and program enrollment fees stack on top. Defendants typically pay for the Partner Abuse Intervention Program out of pocket.

Restitution is also likely. Illinois specifically requires defendants convicted of domestic battery to reimburse any domestic violence shelter that housed the victim or other household members, covering the shelter’s actual costs for housing and services.⁵ Courts can also order payment of medical bills, counseling costs, and property damage under the general restitution statute.

Order of Protection Consequences

An arrest almost always produces an order of protection, often issued the same day on an emergency basis before any criminal court appearance. It typically bars contact with the victim and requires you to stay away from their home, workplace, and school.

Violating that order is a separate crime. A first violation is a Class A misdemeanor with up to a year in jail. If you have any prior conviction for domestic battery, aggravated domestic battery, or a long list of other violent offenses against a family or household member, the violation becomes a Class 4 felony.⁶ A second or later violation carries a mandatory minimum of 24 hours in jail. A text message or a run-in at a mutual friend’s gathering is enough to add a new charge on top of the pending case.

Permanent Federal Firearms Ban

A domestic violence conviction of any kind triggers a federal prohibition on possessing firearms or ammunition under 18 U.S.C. § 922(g)(9).⁷ Because aggravated domestic battery is also a felony, a separate federal provision covering all felonies bars firearm possession on its own. You cannot legally own, buy, carry, or hold a firearm or ammunition.

The ban is functionally permanent. It does not expire, and Illinois has no procedure to restore firearm rights after a domestic violence felony. Possessing a gun in violation of the federal statute carries up to ten years in federal prison, entirely separate from the state sentence.

Immigration Consequences for Non-Citizens

Federal immigration law makes any non-citizen convicted of a crime of domestic violence deportable, regardless of status.⁸ The statute covers crimes of violence against spouses, former spouses, co-parents, cohabitants, and anyone else protected by state domestic violence law.

An aggravated domestic battery conviction can also qualify as an aggravated felony under immigration law, which eliminates nearly every form of relief from removal, including asylum, cancellation of removal, and voluntary departure. Guilty pleas, no-contest pleas, and some deferred arrangements all count as convictions for this purpose. Any non-citizen facing one of these charges should consult an immigration attorney before entering a plea, because a deal that looks favorable in criminal court can produce mandatory deportation.

The Conviction Cannot Be Expunged or Sealed

Illinois law bars domestic battery convictions from being sealed, and felony convictions generally cannot be expunged unless they are reversed on appeal, vacated, or wiped out by a gubernatorial pardon with Prisoner Review Board approval. Aggravated domestic battery falls under both prohibitions. The conviction stays visible on standard background checks for life.

Employment is where this hits hardest. State-licensed professions including nursing, teaching, medicine, and law can suspend or revoke a license based on a felony involving violence. Many employers that do not require licensing have blanket policies against hiring people with felony records.

Child Custody and Visitation

In Illinois and in many other states, a documented history of domestic violence creates a strong presumption against awarding custody to the offending parent. The burden shifts to that parent to show that custody would still serve the child’s best interests. Family courts use a lower standard of proof than criminal courts, so the underlying allegations can influence custody even without a criminal conviction.

Visitation often gets restricted as well. Courts frequently order supervised visitation, with a third party present during contact. If the victim is the child’s other parent, an order of protection may prevent you from going anywhere near the child’s home or school, which can leave little room for any meaningful parenting time.

Voting Rights

Voting rights in Illinois restore automatically on release from the custody of the Illinois Department of Corrections. You cannot vote while serving the prison term or on work release, but once released you are eligible to re-register. Mandatory supervised release does not affect voting eligibility.

1
Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/12-3.3 – Aggravated Domestic Battery
2
FindLaw. Illinois Compiled Statutes 730 ILCS 5/5-4.5-35 – Class 2 Felony
3
FindLaw. Illinois Compiled Statutes 730 ILCS 5/5-6-3 – Conditions of Probation and Conditional Discharge
4
Illinois General Assembly. Illinois Compiled Statutes 725 ILCS 5/112A-3 – Definitions
5
Illinois General Assembly. Illinois Compiled Statutes 730 ILCS 5/5-5-6 – Restitution
6
Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/12-3.4 – Violation of an Order of Protection
7
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
8
Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens