In Illinois the domestic battery statute says,

720 ILCS 5/12-3.2 – Illinois Domestic Battery Charge

“A person commits domestic battery if he or she knowingly without legal justification by any means:

(1) causes bodily harm to any family or household member;
(2) makes physical contact of an insulting or provoking nature with any family or household member.”

720 ILCS 5/12-3.2(a).

Domestic Battery Sentence

Domestic battery is ordinarily a misdemeanor offense in Illinois, however prior criminal convictions can convert the crime to a felony. See 720 ILCS 5/12-3.2(b).

Class A Misdemeanor First offense
Class 4 Felony Prior conviction for certain listed
offenses or 1 or 2 prior domestic
battery convictions
Class 3 Felony 3 prior domestic battery convictions
Class 2 Felony 4 prior domestic battery convictions

See the Illinois felony classification system chart.

Minimum Sentencing Provisions

A person shall serve at least 72 hours of imprisonment if this is a second or subsequent conviction. See 720 ILCS 5/12-3.2(b).

720 ILCS 5/12-3.3 – Illinois Aggravated Domestic Battery Charge

The Illinois aggravated domestic battery offense is a class 2 felony.

There are 2 types of aggravated domestic battery.


“A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery.”

720 ILCS 5/12-3.3(a-5)

Great Bodily Harm

“A person who, in committing a domestic batter, knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.”

720 ILCS 5/12-3.3(a)

Minimum Sentence For Aggravated Domestic Battery

If a person is placed on probation for aggravated domestic battery they must serve at least 60 days in jail.

Also a second or subsequent conviction for domestic battery is non probationable. See 720 ILCS 5/12-3.3(c)

Family Or Household Member

The Illinois criminal code defines a family or household member this way:

“Family or household members’ include *** persons who have or have had a dating or engagement relationship. *** For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.”

720 ILCS 5/12-0.1.

See Also