(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2) & (720 ILCS 5/12-3.3) (from Ch. 38, par. 12-3.3)

“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; (2) Makes physical contact of an insulting or provoking nature with any family or household member.”


Domestic Battery is a Class A misdemeanor. However, a Domestic Battery can also be an Aggravated Domestic Battery in some circumstances. Aggravated Domestic Battery can be a Class 4 felony, Class 3 felony, Class 2 felony, Class 1 Felony, or a Class X felony depending on severity of the injury, the status (a child or disabled person) of the victim, the criminal background of the accused, and the location of the Domestic Battery, the use of a firearm during the battery, the use of a weapon during the battery, or other certain conduct. A Class X felony is non-probationable and is punishable by 6 to 30 years in the Illinois Department of Corrections. Additionally, some Aggravated Domestic Battery charges carry enhanced sentencing which can include sentencing up to, and including, life in prison.

Whether charged with a felony or a misdemeanor it is important to contact the attorneys at Gruszeczki & Smith immediately. When you hire the attorneys at Gruszeczki & Smith, you are hiring former prosecutors who are seasoned trial attorneys and are comfortable defending your rights before judges and juries. Your defense begins the moment you contact us.

For free consultation with experienced criminal defense lawyers DUI or other traffic offenses, contact Gruszeczki & Smith Law in Chicago, Illinois at 312.253.7343 or contact us by email at