In Illinois, domestic violence — charged under the domestic battery statute — can be either a misdemeanor or a felony. A first offense with no aggravating factors is a Class A misdemeanor, but the charge becomes a felony when the defendant causes serious injury, commits strangulation, or has qualifying prior convictions. The felony class ranges from Class 4 up to Class 2 depending on which of those factors apply.
The Misdemeanor Baseline
Standard domestic battery covers two kinds of conduct: knowingly causing bodily harm to a family or household member, or making physical contact of an insulting or provoking nature.1Illinois General Assembly. Illinois Code 720 ILCS 5/12-3.2 – Domestic Battery That second category is broader than most people expect. Pushing, grabbing, or spitting can support a charge even when nothing is bruised or broken.
A first offense with no aggravating factors is a Class A misdemeanor, the most serious misdemeanor level in Illinois. The maximum penalty is a jail sentence of less than one year and a fine of up to $2,500.2Illinois General Assembly. Illinois Code 730 ILCS 5/5-4.5-55 – Class A Misdemeanors Sentence The conviction still creates a criminal record that will make any future domestic battery a felony.
When Injury or Strangulation Makes It a Felony
A domestic battery becomes aggravated domestic battery, a Class 2 felony, whenever the defendant causes great bodily harm or permanent disability or disfigurement. Broken bones, deep scarring, and loss of use of a limb fall into this territory. Criminal history is irrelevant here: the injury alone drives the felony charge.3Illinois General Assembly. Illinois Code 720 ILCS 5/12-3.3 – Aggravated Domestic Battery
Strangulation is treated the same way. The law defines it as applying pressure to the throat or neck to impede breathing or blood circulation, or blocking the nose or mouth to cut off air. Any strangulation is a Class 2 felony regardless of whether other injuries occur or whether visible marks are left behind.3Illinois General Assembly. Illinois Code 720 ILCS 5/12-3.3 – Aggravated Domestic Battery
A Class 2 felony carries a prison sentence of three to seven years.4Illinois General Assembly. Illinois Code 730 ILCS 5/5-4.5-35 – Class 2 Felonies Sentence A defendant who receives probation instead of prison for aggravated domestic battery still faces a mandatory minimum of 60 consecutive days of imprisonment as a condition of that probation. A second or subsequent aggravated domestic battery conviction eliminates probation altogether and requires a prison sentence of three to seven years, with an extended-term range of seven to fourteen.3Illinois General Assembly. Illinois Code 720 ILCS 5/12-3.3 – Aggravated Domestic Battery
When Prior Convictions Make It a Felony
Even relatively minor physical contact becomes a felony domestic battery when the defendant has the wrong criminal history. Illinois uses a tiered system that raises the felony class with each additional prior domestic battery conviction:
- One or two prior domestic battery convictions: Class 4 felony, punishable by one to three years in prison.1Illinois General Assembly. Illinois Code 720 ILCS 5/12-3.2 – Domestic Battery5Illinois General Assembly. Illinois Code 730 ILCS 5/5-4.5-45 – Class 4 Felonies Sentence
- Three prior domestic battery convictions: Class 3 felony, two to five years in prison.6Illinois General Assembly. Illinois Code 720 ILCS 5/12-3.2 – Domestic Battery7Illinois General Assembly. Illinois Code 730 ILCS 5/5-4.5-40 – Class 3 Felonies Sentence
- Four or more prior domestic battery convictions: Class 2 felony, three to seven years in prison.6Illinois General Assembly. Illinois Code 720 ILCS 5/12-3.2 – Domestic Battery4Illinois General Assembly. Illinois Code 730 ILCS 5/5-4.5-35 – Class 2 Felonies Sentence
Prior domestic battery convictions are not the only history that elevates a new charge. A domestic battery is also a Class 4 felony if the defendant has a prior conviction for stalking, aggravated stalking, or violation of an order of protection where the earlier offense involved a family or household member. The statute lists additional qualifying priors including kidnapping and certain sexual assault offenses.1Illinois General Assembly. Illinois Code 720 ILCS 5/12-3.2 – Domestic Battery Substantially similar convictions from other states count as well.6Illinois General Assembly. Illinois Code 720 ILCS 5/12-3.2 – Domestic Battery
Extra Penalties When a Child Was Present
A felony domestic battery committed in the presence of a child triggers additional mandatory penalties on top of the base sentence. The defendant must serve at least 10 days in jail, complete 300 hours of community service, or both. The court can also order the defendant to pay for any counseling the child needs after witnessing the violence. For this purpose, “child” means anyone under 18 who is the defendant’s or victim’s child, stepchild, or a minor living in or visiting either person’s home.8FindLaw. Illinois Code 720 ILCS 5/12-3.2 – Domestic Battery
Which Relationships Make It “Domestic”
None of the above applies if the people involved don’t fit the statutory definition of family or household members. That definition is broad. It covers current and former spouses, parents, children, and stepchildren; people related by blood or marriage; people who share or previously shared a home; and people who have a child together. Dating and engagement relationships qualify. Casual acquaintances and ordinary social or business contacts do not. People with disabilities and their personal assistants or caregivers are also covered.9FindLaw. Illinois Code 750 ILCS 60/103 – Definitions Without a qualifying relationship, the same conduct is charged as ordinary battery rather than domestic battery.
Consequences That Outlast the Sentence
Firearm Rights
A domestic violence conviction results in revocation of the defendant’s Firearm Owner’s Identification (FOID) card. Without a FOID card, possessing firearms or ammunition in Illinois is illegal.10Illinois State Police. Felony and Certain Misdemeanors This applies to misdemeanor convictions as well as felonies. Restoring firearm rights requires obtaining relief from a circuit court in a separate proceeding with no guaranteed outcome.11Illinois State Police. FOID Court Ordered Relief Required
No Sealing or Expungement
Domestic battery convictions cannot be sealed in Illinois. The Illinois Prisoner Review Board lists domestic battery, aggravated domestic battery, aggravated battery, and violation of an order of protection among the offenses that do not qualify for a certificate of sealing.12Illinois Prisoner Review Board. Certificate of Sealing The conviction follows the person permanently on background checks for employment, housing, and professional licensing.
Supervised Release After Prison
Illinois requires a period of mandatory supervised release following any felony prison sentence. Domestic violence offenses carry a supervised release term of four years, longer than the standard term for many other felony categories. Violating a condition of supervised release can send the defendant back to prison.
Can the Victim Drop the Charges?
No. A criminal domestic battery case in Illinois is brought by the state, not by the victim. Once the prosecutor files charges, the victim has no authority to withdraw or dismiss them, and the state can proceed even when the victim asks that it stop. If the victim recants or refuses to cooperate the prosecution loses an important witness, which can sometimes lead the prosecutor to conclude the case is no longer viable, but that call belongs to the prosecutor’s office.