As is true of other types of crimes, domestic violence charges can vary in severity. These levels of intensity are known as degrees, and those of domestic violence will dictate the consequences the accused party faces.
What are the different degrees of domestic violence in Illinois, and what is domestic violence in the third degree? Learn more about the charges you could face and why having a domestic violence attorney by your side can make a difference.
Understanding Domestic Violence Laws in Illinois
At Kost Law, our clients are often unsure of what domestic violence fully entails. Certain violent acts are seen as domestic violence when they are allegedly committed against family or household members and in a domestic setting.
In particular, you can face domestic violence charges if you are accused of perpetrating violence on any of the following:
- Parents, children, or stepchildren
- A spouse or former spouse
- People related by blood or marriage
- Someone with whom you have a child
- Someone who shares or shared your home
In Illinois, acts of domestic violence include domestic battery and aggravated domestic battery, the violation of an order of protection, and interference with a 911 call.
Battery, in particular, can include behaviors such as hitting, slapping, arm twisting, and stabbing, among many other actions. Anyone can be charged with domestic battery if they cause bodily harm to a family or household member or if the accused makes physical contact of an insulting or provoking nature with their alleged victim. In Illinois, “bodily harm” typically refers to bruises, abrasions, and pain. If the victim’s injuries are more severe, the charges escalate to aggravated battery.
Domestic Violence in the Third Degree: What It Means in Illinois
Returning to one of the leading questions, what is domestic violence in the third degree?
Third-degree domestic violence charges can arise if you’re accused of trying to cause injury or harm to the extent that it leads the alleged victim to fear for their life. It can also involve actually inflicting harm on a family or household member as a result of negligence. Typically, it consists of the use of a deadly weapon, such as a knife or a firearm.
Domestic violence in the third degree can also include the administration of harmful substances to a family or household member without their consent. The administration of the drug is enough; there is no need to prove that further violence was inflicted.
Lastly, charges of third-degree domestic violence may also apply if you’re accused of interfering with a 911 call involving domestic battery or preventing someone from getting medical help.
All of these acts constitute the lightest of the different degrees of domestic violence and are seen as Class A misdemeanors. They can, however, be upgraded to Class D felonies if there are aggravating factors.
Comparing Domestic Violence Charges in Illinois: Misdemeanor vs. Felony
When considering the different degrees of domestic violence in Illinois, it’s important to know the difference between misdemeanor and felony charges, as the two carry significantly different consequences when it comes to sentencing.
A person’s first Class A misdemeanor domestic battery conviction carries a sentence of up to one year in jail, along with $2,500 in fines. Someone with two or more convictions will face felony domestic battery.
Domestic violence convictions can have even harsher penalties if a minor was residing in the property where the incident occurred. If that is the case, the defendant may need to serve at least 10 days in jail and perform 300 hours of community service.
Someone who has one or more prior convictions of a violent nature will face a Class 4 felony charge, which usually carries a prison term of one to four years. Such convictions can include any of the following:
- Battery
- Aggravated domestic battery
- First-degree murder (whether attempted or committed)
- Criminal sexual assault
- Aggravated criminal sexual abuse
- Aggravated kidnapping
- Aggravated arson
- Unlawful restraint
- Aggravated unlawful restraint
- Aggravated battery with a firearm
- Heinous battery
- Aggravated stalking
- Aggravated battery of a senior citizen
- Aggravated battery of an unborn child
- Aggravated discharge of a firearm
- Physical abuse
If you have three prior violent convictions, the charges rise to a Class 3 felony, which could mean between three and five years behind bars. Class 2 felony charges involve defendants with four or more previous convictions, and their penalties include prison sentences lasting anywhere between three and seven years (or seven to 14 years if an extended term is necessary). Probation might be granted, but only after serving a minimum of 60 days.
More Severe Domestic Violence Charges in Illinois
The most severe Chicago domestic violence degrees typically refer to aggravated domestic battery charges. You may be charged with these if you cause great bodily harm, disfigurement, or permanent disability. Strangling a victim is also an act of aggravated domestic battery.
Being convicted of aggravated domestic battery means facing a mandatory minimum imprisonment of 60 days with no possibility of other sentencing alternatives. More than one conviction of aggravated domestic battery requires a sentence of at least three years in prison.
How Kost Law Firm Can Help Defend Against Domestic Violence Charges
If you’ve been accused of domestic violence, hiring a criminal defense attorney as soon as possible is vital so that you can protect your legal rights. Reaching out to a team of experienced attorneys gives you the chance to present a robust defense that could keep the case from continuing or see the court dismissing the charges altogether.
At Kost Law Firm, we work closely with our clients to prepare the right defense strategies. For many, that could mean claiming self-defense, while for others, it could mean proving that the incident didn’t occur as the alleged victim claims. These cases are complex and emotionally fraught, so having representation by your side can make the legal process a bit easier.
Anyone who has been charged with domestic battery should hire a lawyer, but it’s particularly important if you have a prior conviction. The sentencing you face now is much more severe, so you should never risk defending yourself.
The moment that you’re arrested and charged with domestic violence, it’s time to act. Contact our team of Illinois criminal defense lawyers to schedule a consultation.
