Is Domestic Battery a Misdemeanor or a Felony in Illinois?
Domestic battery, 720 ILCS 5/12-3.2, is a Class A misdemeanor for a first offense with no listed prior: up to 364 days in jail and a $2,500 fine. It becomes a Class 4 felony when the accused has a prior domestic battery conviction or a prior conviction for one of the offenses the statute lists, and a Class 3 or Class 2 felony with more priors. A second or later conviction carries a mandatory minimum of 72 consecutive hours in jail. A domestic battery conviction cannot be expunged or sealed.
Updated September 2026
This page sets out the statute in order: the two ways the offense is committed, who counts as a family or household member, what turns a misdemeanor into a felony, the sentencing rules that apply only to domestic battery, the federal and state firearm consequences, and the record-sealing rule. Ms. Williams defends domestic battery cases in Peoria, McLean, Tazewell, LaSalle, and Macon counties.
◆ Illinois Law
Under 720 ILCS 5/12-3.2(a), a person commits domestic battery if he or she knowingly, without legal justification, by any means: (1) causes bodily harm to any family or household member; or (2) makes physical contact of an insulting or provoking nature with any family or household member. "Family or household member" is defined in 725 ILCS 5/112A-3. Subsection (b) sets the sentence; subsection (c) adds a penalty when a felony domestic battery is committed in the presence of a child.
Source: 720 ILCS 5/12-3.2 — Criminal Code of 2012, Article 12 (Bodily Harm)
The Two Ways Domestic Battery Is Committed
The offense has two forms and the State only needs to prove one. Bodily harm under (a)(1) means some physical injury, such as bruising, a cut, or pain. Insulting or provoking contact under (a)(2) does not require any injury at all; a push, a grab, or a shove can meet it. The difference between the two subsections matters for how the case is charged and what the evidence has to show, but both carry the same Class A misdemeanor sentence for a first offense.
Who Is a "Family or Household Member"
What makes a battery a domestic battery is the relationship. 725 ILCS 5/112A-3 defines family or household members to include:
- Spouses and former spouses
- Parents, children, and stepchildren
- Persons related by blood or by present or prior marriage
- Persons who share or formerly shared a common dwelling
- Persons who have or allegedly have a child in common
- Persons who have or have had a dating or engagement relationship
- Persons with disabilities and their personal assistants or caregivers
Roommates, former partners who no longer live together, and co-parents who were never married all fall within the definition.
Misdemeanor or Felony: The Prior-Conviction Rules in 12-3.2(b)
| Record at the time of the offense | Class | Range |
|---|---|---|
| No listed prior conviction | Class A misdemeanor | Up to 364 days jail; fine up to $2,500 |
| One or two prior domestic battery convictions, or a prior conviction for violation of an order of protection or another offense listed in 12-3.2(b) | Class 4 felony | 1 to 3 years; fine up to $25,000 |
| Three prior domestic battery convictions | Class 3 felony | 2 to 5 years |
| Four or more prior domestic battery convictions | Class 2 felony | 3 to 7 years |
The offenses that trigger the Class 4 enhancement on a single prior include violation of an order of protection, first degree murder, attempt to commit first degree murder, aggravated domestic battery, aggravated battery, heinous battery, aggravated battery with a firearm, aggravated battery of a child, aggravated battery of an unborn child, aggravated battery of a senior citizen, stalking, aggravated stalking, criminal sexual assault, aggravated criminal sexual assault, kidnapping, aggravated kidnapping, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, unlawful restraint, aggravated unlawful restraint, aggravated arson, and aggravated discharge of a firearm, as well as substantially similar offenses from other states. Ranges above come from the Unified Code of Corrections, 730 ILCS 5/5-4.5-35 through 5-4.5-55.
Sentencing Rules That Apply Only to Domestic Battery
72 consecutive hours. For any second or subsequent domestic battery conviction, the court must impose a minimum of 72 consecutive hours of imprisonment. The statute says this term is not subject to suspension and cannot be reduced by probation.
In the presence of a child. A felony domestic battery committed in the presence of a child under 18 carries a mandatory minimum of 10 days imprisonment or 300 hours of community service, or both, plus liability for the child's counseling costs at the court's discretion.
No good-behavior credit for injury cases. Under the County Jail Good Behavior Allowance Act, 730 ILCS 130/3, a person who inflicted physical harm on another in committing the offense receives no good-behavior allowance on a county jail sentence.
Firearm Consequences
A domestic battery conviction, even a misdemeanor, is a "misdemeanor crime of domestic violence" under federal law. 18 U.S.C. 922(g)(9) makes it a federal offense for that person to possess a firearm or ammunition. Illinois follows: under 430 ILCS 65/8, a person prohibited from possessing firearms by federal law is not eligible for a FOID card, and an existing card is revoked. The FOID revocation process is covered on the FOID card revocation page.
Expungement and Sealing
The Criminal Identification Act, 20 ILCS 2630/5.2(a)(3)(A), excludes domestic battery convictions from both expungement and sealing. There is no waiting period after which the record clears. A domestic battery arrest that did not result in a conviction (a dismissal, an acquittal, or a charge stricken with leave to reinstate) is treated differently and may be eligible for expungement.
Frequently Asked Questions: Domestic Battery Under 720 ILCS 5/12-3.2
Is domestic battery a felony in Illinois?
Domestic battery under 720 ILCS 5/12-3.2 is a Class A misdemeanor unless the accused has a prior conviction that the statute lists. It becomes a Class 4 felony with one or two prior domestic battery convictions, or with a prior conviction for violation of an order of protection or one of the other offenses listed in 12-3.2(b), such as aggravated battery, stalking, or criminal sexual assault. It becomes a Class 3 felony with three prior domestic battery convictions and a Class 2 felony with four or more.
What is the penalty for a first offense domestic battery in Illinois?
A first domestic battery with no listed prior is a Class A misdemeanor. Under 730 ILCS 5/5-4.5-55, a Class A misdemeanor carries up to 364 days in the county jail and a fine of up to $2,500. The court may also impose probation or conditional discharge of up to two years, with conditions that commonly include a partner abuse intervention program and no-contact orders.
Can a domestic battery conviction be expunged or sealed in Illinois?
No. Under 20 ILCS 2630/5.2(a)(3)(A), a conviction for domestic battery is excluded from both expungement and sealing. It remains on the record permanently. A domestic battery charge that ended without a conviction (dismissed, acquitted, or stricken with leave) is treated differently under the same statute and may be eligible for expungement.
Is there mandatory jail time for a second domestic battery in Illinois?
Yes. 720 ILCS 5/12-3.2(b) requires that for any second or subsequent domestic battery conviction, the offender be sentenced to a minimum of 72 consecutive hours of imprisonment. The statute states that this imprisonment is not subject to suspension and that the person is not eligible for probation in order to reduce it.
Who counts as a "family or household member" under the domestic battery statute?
The statute uses the definition in 725 ILCS 5/112A-3, which includes spouses and former spouses; parents, children, and stepchildren; people related by blood or by current or prior marriage; people who share or formerly shared a common dwelling; people who have or allegedly have a child in common; people who have or have had a dating or engagement relationship; and people with disabilities and their personal assistants or caregivers.
Does domestic battery require an injury?
No. 720 ILCS 5/12-3.2(a) sets out two ways to commit the offense: causing bodily harm to a family or household member, or making physical contact of an insulting or provoking nature with a family or household member. The second form does not require any injury.
What happens if the domestic battery was committed in front of a child?
Under 720 ILCS 5/12-3.2(c), a defendant who commits a felony domestic battery (or aggravated domestic battery, aggravated battery, unlawful restraint, or aggravated unlawful restraint) against a family or household member in the presence of a child must serve a mandatory minimum of 10 days imprisonment or perform 300 hours of community service, or both, in addition to any other sentence. The defendant may also be ordered to pay for counseling the child needs.
Does a domestic battery conviction affect gun rights?
Yes. Federal law, 18 U.S.C. 922(g)(9), prohibits a person convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition. Under the Illinois FOID Card Act, 430 ILCS 65/8, a person prohibited by federal law from possessing a firearm is ineligible for a FOID card, and an existing card is subject to revocation.
What is aggravated domestic battery?
Aggravated domestic battery, 720 ILCS 5/12-3.3, is domestic battery that intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or that involves strangling the victim. It is a Class 2 felony (3 to 7 years). Any sentence of probation or conditional discharge must include a mandatory term of imprisonment of at least 60 consecutive days, and a second or subsequent conviction carries a mandatory prison term of 3 to 7 years.
Which courts hear domestic battery cases in Central Illinois?
Domestic battery is heard in the circuit court of the county where the offense is alleged to have occurred: the 10th Judicial Circuit in Peoria and Tazewell counties, the 11th in McLean County, the 13th in LaSalle County, and the 6th in Macon County. Ms. Williams represents people charged with domestic battery in each of these courts.
This page is general legal information, not legal advice, and reading it does not create an attorney-client relationship. To discuss your situation, contact Ms. Williams at (309) 999-1177.