Battery Vs. Domestic Battery


There are often misconceptions surrounding the difference between battery and domestic battery in the state of Illinois. Toney law is here to help clear up the confusion between the two for your benefit.

The crime of battery occurs when there is bodily harm or insulting or provoking contact by any means. It is not necessary to actually touch someone to be charged with battery. This charge is common in fights between two or more people. The police officer may choose to arrest one or all of them, and the prosecution has absolute discretion in who to charge, even if an individual is innocent. Battery is a Class A misdemeanor offense that carries maximum penalties of up to 1 year in jail and a fine of up to $2,500. Probation, community service, and counseling may also be included in the penalties.

A domestic battery charge is grouped under the much larger category of domestic violence. A domestic battery charge is similar to a regular battery charge, it just involves someone who is a family or household member, instead of a stranger. In Illinois, a domestic battery alleges a person intentionally and knowingly causes bodily harm or makes physical contact in a provoking or insulting manner. Domestic battery is also a class A misdemeanor which is punishable by a maximum of 364 days in jail and up to $2500 in fines.

Charged With Battery?

If you are facing battery-related charges or have been accused of battery, we may be able to help. Here at The Toney Law Firm, LLC, we have the skills, experience, and determination to help get you a favorable outcome for your case.

We have handled countless criminal defense cases and know how to navigate the legal system. When you need someone who you can trust to help defend your rights and freedom, rest assured The Toney Law Firm, LLC is here for you. You can reach us at (888) 473-4058 or contact us through our website today.