NOTE: This article features additional content to account for changes to Illinois law after passage of Public Act 101-0130. Since this Act became effective in 2019, there is no longer a statute of limitations for criminal sexual abuse or criminal sexual abuse, which has potentially serious implications in the context of domestic battery cases.
Illinois law provides two types of domestic battery offenses. First, a person can be charged with domestic battery for causing bodily harm to any family or household member. Second, a person can also be charged with domestic battery for making contact of an insulting and provoking nature with any family or household member. These charges are found under sections 720 ILCS 5/12-3.2(a)(1) and (a)(2).
Technically, the prosecution must prove beyond a reasonable doubt that the defendant did either of those two things and, also, that such action was committed intentionally or knowingly and without legal justification. These are the elements of the crime of domestic battery as set forth in the Illinois Criminal Code at section 720 ILCS 5/12-3.2.
This offense is usually classified as a Class A misdemeanor. Though under certain circumstances, such as a prior domestic battery or violation of an order of protection, the offense can become a felony. The penalty for misdemeanor domestic battery can be up to one year in jail and a maximum fine of $2,500. However, domestic battery is different from other Class A misdemeanor offenses.
Other comparable offenses which are categorized as Class A misdemeanors under Illinois law include driving under the influence (DUI), retail theft, battery, or possession of cannabis. Whereas each of the foregoing offenses allows the defendant to have supervision, domestic battery does not.
Mandatory minimum sentencing
In fact, domestic battery has a mandatory minimum sentence. The defendant cannot receive supervision. Instead, the court must sentence the defendant to a conviction, which is a permanent criminal record that can never be expunged or sealed. In this respect domestic battery is more serious than other misdemeanor offenses.
The prosecuting attorney will typically charge the defendant with causing bodily harm where there is any harm whatsoever. The fact that the injuries are minor has no importance. If the alleged victim has any marks of redness, scratches, bruises, or cuts, the defendant will receive the charge of bodily harm. Where physical contact occurs but no injury occurs as a result, the defendant will likely be charged with the second type of domestic battery (insulting or provoking contact).
It is vital to note that there are additional mandatory minimum penalties for each of the two types of domestic battery. For example, a person who was found guilty of causing bodily harm will not be entitled to receive a reduction in their jail sentence as a result of good behavior.
The County Jail Good Behavior Allowance Act is a law that allows certain people who serve jail sentences in Illinois to serve only 50 percent of their sentence. See 730 ILCS 130/3. But a person who is found guilty of an offense resulting in bodily harm cannot receive good time credit. That means a jail sentence will be served at 100 percent, which is also called straight time.
Domestic battery that involve criminal sexual abuse, criminal sexual assault, or similar sex crimes are felony offenses in the category of bodily harm. These offenses are subject to the mandatory minimum penalties discussed above. On the other hand, domestic battery that involves insulting or provoking contact does not have this mandatory minimum penalty.
Example case
In common practice, domestic battery that involves bodily harm will normally result in a very severe sentence. To understand this principle in action, consider the following example from a domestic battery case in Lake County.
The defendant in this case was on probation for domestic battery involving bodily harm. They violated their probation. And as a result, the court resentenced the defendant. The judge may have overlooked the fact that the defendant would be ineligible for good time credit in applying the maximum sentence of 364 days in jail.
As this case involved bodily harm, this sentence amounted to straight time. So that defendant served the full 364 days in jail. That is the longest possible sentence for any misdemeanor, which underscores the potential severity of domestic battery penalties. This case stands as a reminder that domestic battery is a very serious matter and warrants competent legal representation.