Many people believe that if they are involved in an incident where charges are filed, then they can play a role in whether or not to press those charges against the defendant – and drop them if they want.

This isn’t always the case in Illinois, especially when it comes to cases involving domestic violence. Domestic violence offenses are complicated, and the laws are meant to help protect those who are victims.

Here’s what you need to know about what constitutes a domestic violence crime in Illinois, the potential penalties that can be faced, and whether or not the victim can ultimately have the charges dropped if they don’t want to pursue it in court.

What Makes an Offense Domestic Violence?

Domestic violence is its own category of offense because of the way it is defined.

In order for an offense to be considered domestic violence, it must be perpetrated against a household member or a member of the family. The law defines these groups as:

• Anyone who is a former or current spouse
• Anyone who is related to the accused as a parent, child, stepchild, or other person related by marriage or blood
• Anyone with whom the accused has a child
• Anyone with whom the accused has formerly shared or currently shares a dwelling
• Anyone who is in a dating relationship with or who is engaged to the accused
• A disabled person and their caregiver(s)

Crimes of Domestic Violence

Domestic violence crimes are charged as either domestic battery or aggravated domestic battery.

Domestic Battery

Domestic battery is defined as causing intentional bodily harm to someone in the household or family by making contact physically with them in an insulting way.

Domestic battery is a Class A misdemeanor in most cases, but it can be elevated to a Class 4 felony if:

• The accused has any prior convictions of domestic battery
• They are violating a protective order
• The accused has a criminal history of committing violent crimes against house members or family such as unlawful restraint, kidnapping, or murder

The penalty for a Class A misdemeanor is up to 12 months in prison and fines of as much as $2,500. If convicted of a Class 4 felony, then the sentence can be as many as six years in prison and fines for as much as $25,000.

Aggravated Domestic Battery

Aggravated domestic battery occurs when the accused causes bodily harm, disfigurement, or permanent disability to the victim. Strangulation while committing an act of domestic battery also elevates the crime to aggravated domestic battery.

This is a Class 2 felony. If found guilty, the defendant must serve at least 60 days in prison, but anyone with a prior history of aggravated domestic battery can be sentenced to a minimum prison sentence of three years.

Can a Victim Have Domestic Violence Charges Dropped?

The simple answer to whether or not a victim can have domestic violence charges dropped in Illinois: no, they cannot.

Illinois operates under a no-drop policy when it comes to charges related to domestic violence. Even if the victim doesn’t want to press charges, the state can still pursue charges against the accused.

There’s no doubt that cases involving domestic violence are emotionally charged and quite complex. Understand the consequences of what can follow in a domestic violence situation.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Domestic violence is a crime taken very seriously by the authorities in Illinois. Even if you’ve never been convicted of a domestic violence offense before, being charged with it once can have a huge impact on your future — especially if you’re convicted of felony domestic violence.

What is the difference between a misdemeanor and felony domestic violence in the state? It’s an important distinction to be aware of, especially if you’re facing charges.

Here’s what you need to know about domestic violence in Illinois: what it is, how it’s charged, and how you can defend yourself against it.

What Is Domestic Violence?

Domestic violence isn’t simply one type of act. Instead, it’s an umbrella term used to describe crimes, such as battery, that are committed against a household or family members.

Who are household or family members? The law defines them in the context of domestic violence crimes as:

• Someone you are currently married to or was married to
• Children, stepchildren, parents, or anyone else you are related to by marriage or blood
• Someone with whom you share children
• Anyone you currently share a home with or have in the past
• Anyone, you may be dating or engaged in a romantic relationship with
• Caregivers of those with disabilities

Domestic Battery in Illinois

Domestic battery is a common crime of domestic violence prosecuted in Illinois. It occurs when bodily harm is caused to a household or family member by someone else. It can also be perpetrated by acting in a provocative or insulting way to a household or family member.

In most cases, domestic battery is prosecuted as a Class A misdemeanor. But if you have previously engaged in domestic battery against you, or you have violated an order of protection, then you can be prosecuted for a Class 4 felony.

It is also a felony if you’ve committed other acts of domestic violence against someone in your household or family, such as:

• Aggravated domestic battery
• Unlawful restraint
• Murder
• Kidnapping
• Aggravated battery of an unborn child
• Aggravated battery with a firearm
• Criminal sexual assault
• Aggravated criminal sexual assault
• Aggravated battery of a senior citizen
• Attempted murder
• Aggravated kidnapping
• Aggravated unlawful restraint
• Aggravated discharge of a firearm

Aggravated domestic battery can be charged as a Class 2 felony as well if great bodily harm is caused to another. This remains the case if they’re permanently disfigured or disabled. Strangulation is also prosecuted as aggravated domestic battery.

What About Interfering with Domestic Violence Reporting

It is also a crime in Illinois to interfere with the report of domestic violence. Actions like preventing a call to the police, getting medical help, or reporting the incident to the authorities are considered interfering with domestic violence reporting. It is a Class A misdemeanor.

The Difference in Domestic Violence Misdemeanors

Misdemeanors involving domestic violence are unlike other misdemeanors in a few important ways. For one, misdemeanors are often eligible for court supervision if it’s a first offense. Domestic violence misdemeanors are not. That’s because court supervision usually doesn’t count as conviction and therefore can later be expunged or sealed.

A domestic violence misdemeanor can never be expunged or sealed from your criminal record. There is also a mandatory minimum sentence for domestic violence misdemeanors.

Penalties for Domestic Violence in Illinois

If you are convicted of a misdemeanor domestic violence charge, such as domestic battery, then it’s a Class A misdemeanor. That is punishable by as many as 12 months in jail and fines of as much as $2,500. You may also be required to complete probation.

For domestic violence charges that are Class 4 felonies, you can face up to three years in prison and be responsible for fines up to $25,000. If you’re charged with a Class 2 felony, then you can spend as many as seven years in prison and be responsible for fines of as much as $25,000 as well.

Anyone convicted of aggravated domestic battery must spend at least 60 consecutive days in jail. Because it’s mandatory, a judge cannot reduce or suspend the sentence by ordering probation.

Additionally, any domestic violence carried out in front of a minor will require the defendant to complete a minimum of 300 hours of community service. You may also have to pay for counseling needed by the minor after the incident.

As you can see, there’s a thin line between a misdemeanor and felony domestic violence charge in Illinois. Both are quite serious and will remain on your record forever. That’s why it’s vital to understand your rights and mount the best defense you can against the charges in court.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.