In Illinois, domestic violence crimes include different acts perpetrated against a romantic partner, spouse, or certain other members of your household or family.
Depending on the situation, domestic violence can be charged as either a misdemeanor or a felony. This distinction is important since felony DV charges carry far more weight and heftier penalties than misdemeanor charges.
Being accused of domestic abuse can be very upsetting and humiliating, especially if private details become public. Understanding the difference between felony and misdemeanor charges can help you avoid admitting to something you did not do. It also helps you and your lawyer work together to better fight the charges.
Having an experienced Illinois criminal defense attorney by your side can make the criminal process much easier to handle. Your lawyer can look for defenses that may drop your felony charge down to a misdemeanor or even get the case dismissed.
Even if you are not sure whether your charges are misdemeanors or felonies, you should contact a lawyer right away.
Legal Classifications of Domestic Violence
Many people are confused about what felony DV means and how it is different from a misdemeanor charge. In general, domestic violence includes specific crimes perpetrated against household or family members. People who may be considered victims include:
- A spouse or former spouse
- A current or former dating partner, including someone you were engaged to
- Someone you live with or used to live with
- Someone you have a child with, even if you never lived together
- A family member related to you by blood
For a DV charge to stick, the prosecutor has to show that the alleged victim fits into one of these protected relationships. If the prosecutor cannot prove this, you cannot be convicted of domestic battery, domestic abuse, or another crime involving domestic violence.
Domestic Battery
One of the most common domestic violence charges in Illinois is domestic battery. State law makes it illegal to cause physical harm to a family or household member. Even a very small injury can lead to a domestic violence conviction.
The law also describes domestic battery as touching a household or family member in a rude or aggressive way, such as pushing them. In these cases, the prosecutor does not have to show that anyone was injured. Simply making this type of contact can be enough for a charge.
Domestic battery is usually charged as a misdemeanor, but in some cases it can be charged as a felony.
Domestic Battery (Aggravated)
Aggravated domestic battery involves causing very serious injury to a family or household member, such as severe harm, permanent disability, or permanent scarring. It also includes trying to choke or strangle someone, even if no lasting injury occurs. This charge is considered a felony DV offense.
Other Charges for Domestic Violence
Other crimes can also count as domestic violence if they are committed against a member of your household or family. For instance, psychological abuse can include threats to kill or hurt the other person. Under Illinois law, this type of behavior can be treated as a DV crime.
Sexual crimes, such as rape or sexual assault, can also be charged as domestic violence if they are committed against a family or household member. What matters most is the nature of the relationship between the people involved, not just the act itself.
How serious a DV charge is hinges on whether or not the inciting crime is charged as a misdemeanor or a felony.
When Does Domestic Battery Become a Felony in Illinois?
A first-time domestic battery charge is usually a Class A misdemeanor. If you are convicted, you could face up to one year in jail and a fine of up to $2,500. However, this charge can be raised to a Class 2, 3, or 4 felony if the person has prior domestic violence convictions. For example:
- Two total domestic battery convictions: A DV charge becomes a Class 4 felony, with potential prison time anywhere from one to three years.
- Three prior DV convictions: A DV charge becomes a Class 3 felony, which can be accompanied by as long as two to five years behind bars.
- Four or more prior DV convictions: Any new DV charge becomes a Class 2 felony, punishable by three to seven years in prison.
Besides prior domestic battery convictions, other past DV misdemeanor or felony offenses can also count as prior offenses. These past convictions can cause a misdemeanor charge to be increased to a felony.
Other domestic violence offenses can also count as prior offenses. These include crimes such as aggravated domestic battery, sexual assault of a child, and first-degree murder, along with other serious crimes.
Sentences for Aggravated Domestic Battery
Aggravated domestic battery is a very serious crime in Illinois. It is a Class 2 felony and usually carries a prison sentence of three to seven years.
If you are convicted and placed on probation, the court must first require you to spend at least 60 days in jail. If you are convicted of aggravated domestic battery a second time, the court must sentence you to at least three years in prison.
Sentences for Felony Domestic Abuse
Other DV crimes, such as those involving a weapon or causing bodily harm, are punished based on the specific law that applies to that crime.
The most serious charges are Class X felonies, which can lead to up to 30 years in prison. Class 4 felonies are less serious and carry a maximum sentence of three years in prison.
Possible Penalties for Felony Domestic Violence Charges
In Illinois, felonies and misdemeanors are treated differently. However, in DV cases, some penalties can apply no matter whether the charge is a felony or a misdemeanor. These may include:
- Jail or prison time: This may include mandatory time behind bars.
- Probation: You may be supervised and required to follow strict rules.
- Fines and court costs: You may have to pay fines, fees, and other court expenses.
- Protective orders: The court may limit or ban contact with the other person.
- Treatment requirements: You may be ordered to attend drug, alcohol, or mental health treatment.
- Firearm restrictions: You may lose the right to own or possess firearms or ammunition.
Whether domestic violence is charged as a felony depends on the specific crime involved. In some cases, past DV convictions can cause a misdemeanor charge to be increased to a felony.
Illinois law also allows longer prison sentences for felony convictions when certain aggravating factors apply.
In addition to legal penalties, having any criminal record can make it harder to get a job or keep certain professional licenses.
Domestic violence arrests or convictions can also make it harder to rent a house or apartment, since many landlords check a person’s background before renting to them.
Defenses Against Accusations of Felony Domestic Violence
Because DV charges carry serious penalties, many people feel pressured to accept the first plea deal offered just to end the case. However, you may have valid defenses, just like in any other criminal case. An Illinois criminal defense attorney can review your situation and look for defenses that may apply, such as:
Knowingly False Allegations
During a heated argument, your partner may have purposefully and falsely reported you for domestic violence in order to calm the situation or have you removed from the home. Some people know the police may arrest you right away, so they may make up a story even when there is no evidence to support it.
Showing that these claims are false often requires a careful investigation. An Illinois criminal defense attorney can help uncover the truth and strengthen this defense.
Self-Defense
You may have a defense if you used physical force to protect yourself. Illinois law allows you to use reasonable force to prevent injury. You also do not have to leave or retreat if the physical confrontation happens in your own home.
Prior Convictions
Because past DV convictions can turn a charge into a felony, your criminal record should be reviewed carefully. You and your lawyer should challenge any mistakes or invalid convictions that appear on your record.
Aggravated Circumstances and Repeat Offenders
Put simply, felony domestic violence is a crime committed against a family or household member that is charged as a felony. This can happen because the crime itself is a felony, such as rape or murder, or because there are serious factors involved, such as:
- Causing serious physical injury to the victim
- Using a weapon during the incident
- Targeting a young or especially vulnerable person
- Acting in a very cruel or harsh way
Past convictions also matter in DV cases. Domestic battery can be charged as a felony if the person has prior DV offenses. Aggravated domestic battery can become an even more serious felony when there is a history of domestic violence.
Finally, even if past domestic violence offenses do not turn a charge into a felony, they can still affect how harsh the sentence is if the person is convicted.
Understanding Illinois Domestic Violence Charges
In Illinois, there is no such thing as a small or unimportant domestic violence charge, especially when it is a felony.
Even something like pushing or shoving a partner can lead to a felony DV charge if you have prior convictions. A conviction can bring mandatory jail or prison time, large fines, probation, and other serious short- and long-term consequences.
A misdemeanor charge can become a felony if you have prior DV convictions or if the crime involves serious violence, such as sexual abuse or murder. Handling a domestic battery or domestic violence case means understanding when these crimes are misdemeanors and when they can be charged as felonies. This helps make sure the prosecutor did not file a more serious charge than the evidence supports.
If you are facing DV charges in Illinois, it is important to get legal help right away. Call Fabbrini Law Group at (312) 494-3131 or reach out online to speak with an Illinois criminal defense attorney and learn your options.