Skip to main content

Is domestic battery a misdemeanor or felony?

Aurora, IL |

My husband was arrested a year ago for domestic battery against me and he was incarcerated for 3 months in Kane County...I've reviewed all his court papers but none state wether its a misdemeanor or felony or the statue violated....Where or who could I go to know about this and if there is a fee charged?

+ Read More

Attorney answers 2

Posted

Call the prosecutor on the case.

A felony requires a sentence that exceeds one year of jail time. A misdemeanor requires a sentence of 364 days or less.

It does not matter how long your husband was incarcerated. The sentence is what deterimines the crime's severity.

Posted

there is typically no fee to speak with the prosecutor, only to get copies of the court documents. S/he can explain the chartes, whether or not a plea occurred, and whether it's a misdemeanor or felony.