Crimes of domestic violence in Illinois cover various acts committed against a spouse, intimate partner, and certain other people.
Depending on the circumstances, courts can punish these crimes as felonies or misdemeanors. This distinction is crucial because felony domestic violence charges have far more serious short- and long-term consequences than misdemeanor offenses.
Being charged with domestic abuse can be embarrassing, especially if details of your relationship’s struggles are made public. Knowing the difference between misdemeanor and felony domestic violence charges keeps you from admitting guilt to a crime you did not commit. It can also help you assist your domestic violence lawyer in more effectively defending against your criminal charges.
Having knowledgeable and experienced legal counsel at your side as you navigate the criminal justice system can be a tremendous help. Your lawyer can explore potential defenses you may have that can reduce a felony to a misdemeanor case or have your charges dismissed entirely.
Even if you are not certain whether your charges are felonies or misdemeanors, contact an attorney immediately.
Types of Domestic Violence and Legal Classifications
There is considerable confusion surrounding the question “What is felony domestic violence?” and how this crime differs from misdemeanor domestic abuse. First, a crime of domestic violence involves certain criminal acts committed against family or household members. Victims can include:
- Spouses and former spouses
- People related to each other by blood
- Individuals who live together or used to live together
- People who are engaged or in a dating relationship, or who used to be engaged or dated one another
- Persons who have a child in common, regardless of whether they ever lived together
The victim’s inclusion in this category is an essential element that the prosecutor must prove in all domestic violence cases. If the prosecutor fails to do so, you cannot be convicted of domestic abuse, domestic battery, or any other domestic violence crime.
Domestic Battery
One of the more commonly charged domestic abuse-related offenses in Illinois is domestic battery. Illinois’ domestic battery statute is 720 ILCS 5/12-3.2, and it criminalizes causing bodily harm to a family or household member. Any amount of physical harm, no matter how slight, can result in a domestic violence conviction.
The statute also defines domestic battery as making physical contact with a family or household member in an insulting or provoking manner, such as by pushing them. Here, the prosecutor does not need to prove that any bodily harm occurred. The mere fact that you touched the other person in an insulting or provoking manner is enough to meet the statute’s elements.
Domestic battery is typically a misdemeanor, but it can be a felony in some domestic violence cases.
Aggravated Domestic Battery
Aggravated domestic battery criminalizes a battery against a family or household member that results in great bodily harm or the permanent disability or disfigurement of the other person. The statute also covers attempts to strangle the other person, regardless of whether any permanent disability or lasting physical harm occurred.
This crime is a felony domestic violence offense.
Other Domestic Violence Charges
Beyond these, other criminal acts can be acts of domestic violence if they are committed against a family or household member. For example, emotional abuse may involve the abuser threatening to hurt or kill the other person. This would be considered a crime of domestic violence under the Illinois Domestic Violence Act.
Similarly, acts of sexual violence like sexual assault and rape can also qualify as crimes of domestic violence if committed against a family or household member. It is the relationship between the offender and the victim, and not necessarily the criminal act itself, that determines whether someone faces domestic violence charges.
The severity of these domestic violence charges depends on whether the underlying crime is a felony or misdemeanor.
What Elevates Domestic Battery to a Felony in Illinois?
A first-time domestic battery charge is usually a Class A misdemeanor. If you are convicted of this charge, you could face up to one year in jail and a $2,500 maximum fine. This misdemeanor domestic violence offense can become a Class 2, 3, or 4 felony if the person is guilty of repeat domestic violence offenses:
- Being convicted of domestic battery twice is a Class 4 felony, punishable by between one and three years in prison
- Having a total of three prior domestic violence convictions is a Class 3 felony and can lead to a prison sentence between two and five years
- Once a defendant accumulates four prior domestic violence convictions, any subsequent domestic battery is a Class 2 felony punishable with a prison sentence of between three and seven years
In addition to prior domestic battery convictions, certain other misdemeanor and felony domestic violence offenses can also be considered “priors” that enhance a misdemeanor charge to a felony.
These other domestic violence offenses include aggravated domestic battery, sexual assault of a child, and first-degree murder, among many others.
Aggravated Domestic Battery Penalties
Aggravated domestic battery is a serious felony offense in Illinois. It is a Class 2 felony typically punished with a prison term ranging from three to seven years.
If you are convicted but given probation, the court must first order you to serve a minimum of 60 days in jail. The court must sentence you to a minimum prison term of three years if you get a second aggravated domestic battery conviction.
Penalties for Felony Domestic Abuse
Other domestic violence offenses, including domestic violence involving a weapon and domestic violence with bodily harm, are punished according to the statute that defines the specific crime.
The most severe are Class X felonies, which are punishable by up to 30 years in prison. Class 4 felonies are the least severe and only carry up to a three-year prison sentence.
Legal Consequences of Felony Domestic Violence Charges
In general, there are differences between felonies and misdemeanors in Illinois. However, when it comes to felony vs. misdemeanor domestic violence, certain potential penalties can be imposed regardless of the domestic violence crime. These include the potential for:
- Incarceration in jail or prison, including mandatory terms
- Probation
- Fines, fees, and court costs
- Protective orders limiting your ability to contact the other person
- Drug, alcohol, or mental health treatment
- Restrictions on your right to possess or own a firearm or ammunition
What makes domestic violence a felony depends on the specific crime a person is accused of committing. Having prior convictions for certain domestic violence offenses can increase a misdemeanor offense to a felony in certain cases.
Moreover, the Illinois Unified Code of Corrections holds that a felony’s prison term can be longer if there are certain aggravating factors present.
Beyond these general potential consequences, having a criminal record of any kind can make it more challenging for you to obtain employment or keep certain professional licenses.
Domestic violence arrests and convictions can also lead to difficulties in renting a home or apartment, as some landlords run a background check on potential tenants before they move in.
Defending Against Felony Domestic Violence Accusations
Given the severe penalties that are present in domestic violence cases, it is common to feel you must accept any plea deal offered and quickly resolve your domestic violence charges. However, like any other crime, you may have valid defenses that a domestic abuse defense attorney in Chicago can explore. Some legal defenses that might be available to you include:
Deliberately False Domestic Violence Allegations
During a heated conversation, your partner could have falsely reported domestic violence as a way of defusing the situation. Knowing that police will likely arrest you and remove you from the home, your partner may fabricate a story that has no evidence to support it.
Exposing these lies through a thorough investigation, with the help of a domestic violence attorney, is crucial to the success of this defense.
Self-Defense
You might have a defense to domestic violence charges if you battered or physically contacted the other party as a way of defending yourself. In Illinois, you are permitted to use as much physical force as is reasonably necessary to prevent yourself from being injured. Additionally, there is no duty to retreat from a physical confrontation that occurs in your own home.
Problems With Prior Convictions
Because prior convictions for domestic violence offenses are one of the primary factors that make domestic violence charges a felony, your criminal history should be carefully scrutinized if you are facing felony domestic violence charges. You and your criminal defense lawyer should challenge any erroneous entries or unlawful convictions on your criminal record.
How Illinois Treats Repeat Offenders and Aggravated Circumstances
The question, “What is felony domestic violence?” can be answered thusly: it is a crime committed against a family or household member that is punished as a felony because the offense itself is a felony, such as rape or murder, or there are aggravating circumstances like:
- A young or vulnerable victim
- Acts that were especially cruel or heinous
- Using a weapon in the commission of the crime
- Inflicting severe physical harm on the victim
Remember how prior convictions affect domestic violence charges, too. Domestic battery can become a felony if the person has committed domestic violence offenses in the past. Similarly, aggravated domestic battery becomes a more severe felony if there is a history of domestic violence offenses.
Last, even if a person’s history of domestic violence does not elevate a crime to a felony, it can influence the sentence the court decides to impose if the person is convicted.
Final Thoughts: Navigating Felony Domestic Violence Charges in Illinois
There is no such thing as a minor or insignificant domestic violence charge in Illinois, especially when that charge is a felony.
Even simply pushing or shoving your partner can lead to a felony domestic violence arrest and prosecution if you have prior convictions. Once convicted, these crimes can result in mandatory incarceration, substantial fines, probation, and other short- and long-term consequences.
Having prior convictions for domestic violence-related charges or committing violent acts like sexual abuse or murder are two common ways that a misdemeanor charge gets elevated to a felony.
Successfully resolving a domestic battery or domestic violence offense requires understanding when these crimes are misdemeanors and when they can be charged as felonies. This helps ensure the prosecutor did not “overcharge” the case or bring a charge against you that there is no evidence to support.
Having an experienced spousal abuse attorney in Chicago can make it easier to defend yourself and avoid a conviction in your case. With a felony domestic violence lawyer in Chicago from Kostopoulos Law Group at your side, you can respond effectively to your criminal charges.
Contact Kostopoulos Law Group today to speak with a skilled criminal defense lawyer for domestic violence in Illinois.
