Iconic Columns
Justia Lawyer Rating for Brandon K. Davis
National Collegue for DUI Defense
Illinois State Bar Association

Domestic Battery

Domestic Battery

The criminal defense lawyers at The Davis Law Group, P.C. represent clients charged with domestic battery in the Chicago area including Cook County, Lake County and DuPage County. Our domestic battery attorneys have extensive experience in this area of the law.

What is domestic battery?

Under 720 ILCS 5/12-3.2, domestic battery occurs when a person knowingly causes bodily harm or makes physical contact of an insulting or provoking nature with any family member or household member.

Domestic battery is similar to the offense of simple battery, however, the alleged victim of domestic battery must be a family or household member.

Can I receive a sentence of court supervision for domestic battery?

Unlike simple battery, you cannot be sentenced to court supervision for domestic battery under Illinois law. If you enter a plea of guilty to this offense, or if you are found guilty after trial, you are not eligible to be sentenced to court supervision. Court supervision is a non-conviction disposition, which prevents the offense from appearing on your public record as long as all conditions are completed successfully.

Because of this important distinction, your Chicago domestic battery attorney may seek to obtain a reduction of the charge to simple battery so that you may then be eligible for a sentence of court supervision.

What are the penalties for domestic battery?

Generally, domestic battery is charged as a Class A misdemeanor, punishable by up to 12 months in jail and a $2,500.00 fine. However, this offense may be charged as a felony if you have prior convictions for domestic battery as follows:

  • Domestic battery is charged as a Class 4 felony if you have one or two prior convictions for domestic battery.
  • Domestic battery is a Class 3 felony if you have three prior convictions for domestic battery.
  • Domestic battery is a Class 2 felony if you have four or more prior convictions for domestic battery.

Domestic battery may also be charged as a felony if you have a violation of an Order of Protection or if you have prior convictions for any of the following offenses (when the offense was committed against a family or household member): first degree murder, attempt to commit first degree murder, aggravated domestic battery, aggravated battery, heinous battery, stalking, aggravated stalking, criminal sexual assault, aggravated criminal sexual assault (Section 11-1.30 or 12-14), kidnapping, aggravated kidnapping, aggravated criminal sexual abuse, unlawful restraint, aggravated unlawful restraint, aggravated arson, or aggravated discharge of a firearm.

In addition to any other sentencing alternatives, for any second or subsequent conviction of violating this law, you face a mandatory minimum of 72 consecutive hours of imprisonment. The imprisonment is not subject to suspension and you are not eligible for probation in order to reduce the sentence.

Contact our domestic battery defense attorneys

Of course, if there is a defense to this charge, the matter should be taken to trial by a qualified Chicago domestic battery lawyer. Under various circumstances, the alleged victim may decide not to prosecute or will fail to appear in court.

Contact our Chicago domestic battery attorneys today if you have been charged with domestic battery in Illinois. Our domestic battery attorneys have successfully defended domestic battery cases throughout Cook County, Lake County and DuPage County.

Main Office

View Larger Map

Chicago Office

View Larger Map

Waukegan Office

View Larger Map
Client Reviews
I wanted to let you know that I finally got my license back today. I want to thank you guys from the bottom of my heart. You did an amazing job and helped another person turn their life around. I will forever be indebted. Rest assured that I will refer anybody that I hear is in trouble to you guys. Thank you again. All the best. M.M.
I want to extend my sincere gratitude for the success in getting my charges reduced. It has been a rather traumatic experience for me. Though I try to keep an optimistic outlook, it didn't seem possible. But you guys pulled it off and I couldn't be more grateful. This has been a great weight lifted off my shoulders. D.F.
I would like to take this time to thank you for a job well done. I received my full reinstatement documents today for full driving privileges. This took me by surprise. I did not expect to see the results this fast. I just want to say that I am blessed to have a very good lawyer like yourself to guide me through the process... I am very grateful. You're the best. Thanks again. G.B.
My special thanks for your help, guidance, and support during a most difficult time. You came recommended as "the best" and you lived up to your reputation! I wish you a lovely holiday season and a new year of challenges overcome, new joys experienced, and much fulfillment realized. All good thoughts your way. S.S.
I am very grateful for your work and representation. Although it is difficult for me to truly express my gratitude through e-mail, I hope you can still understand how thankful I am that we were able to dismiss my case on the first court date. I am very pleased with the outcome. Again, thank you very much for your time. Please enjoy the rest of your week. D.K.