The article Is Domestic Battery a Misdemeanor or a Felony? is available on: Gruszeczki & Smith Law, LLP
Domestic Battery may be charged as a Misdemeanor or a Felony depending on the facts and circumstances of each individual case and the background of the accused. There are many circumstances that may result in a Felony Domestic Battery charge. Some of those circumstances are:
- If the accused has a prior conviction for violating an order of protection;
- If the accused has a prior conviction for murder, attempt murder, aggravated domestic battery, aggravated battery, stalking, criminal sexual assault, kidnapping, aggravated arson, aggravated discharge of a firearm and other crimes (see 720 ILCS 5/12-3.2(b) for a full list);
- If the accused has two or more convictions for domestic battery.
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