NOTE: This article reflects additional content to clarify the significance of Public Act 101-0130, which became Illinois law on January 1, 2020. After its effective date, this Act eliminated the statute of limitations for prosecuting various sex crimes that can impact the sentencing for domestic battery, including criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual abuse.
Domestic Battery
Domestic battery is perhaps the most common criminal charge in the Illinois court system. The volume of domestic battery cases is so high that many county courthouses have a courtroom assigned specifically to handle these cases. Accusations of domestic violence are frequently made in divorce and child custody disputes.
Domestic battery is different from other offenses in that, while it is only a Class A misdemeanor, a mandatory sentence of conviction must be imposed. That means the defendant is forever barred from expunging or sealing the record of their arrest and conviction.
How does a misdemeanor become a felony?
That being said, domestic battery can become a Class 4 felony, if the defendant has a previous conviction for certain violent offenses, including criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual abuse. And in the absence of a statute of limitations for these offenses, prosecutors can file charges many years after the alleged offense.
In addition, the seriousness of a domestic battery charge changed dramatically in 2010. If a person attempts to choke or strange the victim during a domestic battery offense, it becomes the Class 2 felony offense of aggravated domestic battery instead.
The reason this new law is important is that choking or strangulation in the course of a domestic battery is commonplace. The author of this article, for example, would estimate it occurs in about 35 to 50 percent of all domestic battery cases. Many police reports say the same thing:
The victim said that the offender placed his hands around her neck to choke her. R/O [responding officer] observed red marks on the victim’s neck and shoulders.
This type of conduct was previously a misdemeanor with a maximum penalty of up to 364 days in jail. But the aggravated version of this offense carries a sentence of 3-7 years in the Department of Corrections, followed by 2 years of parole (also known as mandatory supervised release). The fine can be up to $25,000 as well.
The defendant must do a minimum of 60 days jail, and this time cannot be reduced for good behavior (e.g. good-time credits). And a second offense has a mandatory prison term of 3-7 years. Probation is not possible on the second offense of aggravated domestic battery.
