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