Search
Facebook Twitter Google Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for the ‘domestic violence charges’ tag

Defenses for Domestic Violence Charges

June 20th, 2018 at 9:40 am

domestic violence charges, domestic violence defense, Rolling Meadow criminal defense attorneys, mistaken identity, domestic violence allegationsDomestic violence is a major problem across the state. In general, the Illinois Domestic Violence Act provides remedies available to those who might be victims of domestic violence. When appropriate, abusers must face consequences for their actions. However, not everyone charged with domestic violence is guilty.

Overall, while the law is meant to protect victims, some individuals may choose to falsely allege domestic violence in order to advance their agenda. If you have been charged with domestic violence in the state, it is imperative that you fully understand the scope of the crime and how to mount a solid defense.

False Allegations

One of the greatest concerns in domestic violence situations is determining who is telling the truth. Situations can turn into a “he said, she said” battle that is hard to handle. With sympathy usually going to the alleged victim, the best way to prove the allegations are false is to poke holes in that person’s story. If you find inconsistencies and false statements that can be corroborated, it may be easier to prove that the alleged victim is making false accusations. False allegations are often used in child custody cases and divorce to get a more favorable outcome.

Self-Defense

Illinois law justifies the use of force against another when someone reasonably believes that type of conduct is necessary to defend themselves or someone else against another’s imminent use of illegal force. If the alleged victim was also attacking you or otherwise using force, alleging self-defense might be applicable.

Insufficient Proof

A prosecutor must meet his or her burden of proof for a defendant to be convicted of a crime. Providing evidence that prevents the prosecutor from meeting his or her burden of proof is a great strategy to get charges reduced or dropped altogether. In domestic violence proceedings, the prosecutor must prove beyond a reasonable doubt that a defendant is guilty. Beyond a reasonable doubt means that there is no other explanation that can be arrived at from the set of facts of the case.

Mistaken Identity

Along with a defense of false allegations is the defense of mistaken identity. If the alleged victim blamed the wrong person, a defendant can introduce evidence that proves he or she was not even present or responsible for the abuse.

Consent

In very rare circumstances, an alleged victim might have consented to certain activity. In these cases, if you can prove that the alleged victim voluntarily consented, it could serve as a defense.

Let Us Help You Today

If you have been charged with domestic violence, you need an attorney who will advocate for your rights and use every possible defense. It is important to note that while there are defenses available, there is no guarantee that any of these defenses would guarantee acquittal or charges being dropped. While there is no guarantee any given defense will work, The Law Offices of Christopher M. Cosley can ensure you are putting the best foot forward. Our passionate Rolling Meadow criminal defense attorneys possess the skills, knowledge, and experience to achieve the best possible outcome for your circumstances. Contact us today for a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=8200000&SeqEnd=9700000

Domestic Battery Convictions Are Tough to Expunge From Your Illinois Criminal Record

June 15th, 2016 at 8:53 am

Illinois domestic battery convictions, Rolling Meadows Domestic Violence Defense LawyerThere are certain criminal convictions that just stick with you, and a conviction for an act of domestic violence is one of the crimes that cannot be easily expunged from a convicted individual’s record. Your criminal record is viewable by police officers, potential employers (in certain circumstances), the military, and potential landlords. If you have a criminal record, you may also be required to disclose it if you want to apply for professional school and to certain jobs. A conviction for domestic battery can also negatively impact your child custody or child visitation situation, if you have one.  

With such an extensive list of long-term consequences riding on your domestic battery conviction, it is important that you work closely with a skilled and diligent criminal defense lawyer to fight the charges that are pending against you.

Domestic Violence Convictions Can be Expunged

Domestic violence convictions can be expunged from your criminal record, but it takes a lot of work and time. There are certain criteria that must be satisfied in order to be eligible for expungement of a domestic violence conviction. These criteria include:

  • The domestic violence conviction must be the only conviction you have on your criminal record;
  • Your sentence must be served through court supervision, i.e., your sentence does not require you to spend time in jail; and
  • Your conviction must have been more than five years ago if you want to seek expungement of the conviction from your criminal record.

If you are eligible for expungement of your domestic battery conviction, you still have a long way to go before getting a clean record. There are forms to complete and file with the court, and you may possibly have to go to court and defend why your domestic battery conviction should be expunged. You may even have to fight for you expungement if the state’s attorney thinks that your expungement is unjust, and objects to it. An experienced expungement lawyer can be useful at a time like this so that you can present your strongest possible case in support of your criminal conviction for domestic battery being expunged.

Charges Dropped or Dismissed

Domestic violence charges that are dropped or dismissed do not result in a criminal conviction. As such, you will not generate a criminal record with a domestic battery conviction on it, so there is no need to expunge your record. It is often best to attempt to get the domestic violence charges you are facing either dropped or dismissed in the first place, since it can help you not have to go through a trial, conviction or sentencing.

Reach Out to an Attorney for Help

Getting a conviction for a domestic battery can have serious consequences on your life, especially since there is no chance that the conviction will be expunged from your criminal record. It is important to fight domestic battery charges so that they are dismissed or reduced. A Rolling Meadows domestic violence defense lawyer can help. Let us assist you today.

Source:

https://www.illinois.gov/osad/Expungement/Pages/default.aspx

Interfering with the Reporting of Instances of Illinois Domestic Violence

April 4th, 2016 at 8:21 am

Illinois domestic violence, Rolling Meadows Defense LawyerSometimes domestic situations get out of hand. One person in a relationship or family situation, often a male, might lose his temper or act out angrily at his partner, ex, or family member. The other party, often a woman, is the alleged victim, and she might feel threatened, fearful, or vindictive and could over-react to the situation. She might want to call the police and report the incident as an instance of domestic violence.

Calling the police for a domestic violence situation is a serious matter, since the cops are most likely leaving the scene with someone in custody, usually the alleged abuser. Many people know this and do not want to be arrested. Threats made by the alleged victim to call the police can prompt the alleged abuser to interfere with the victim making the call to the authorities. The alleged abuser might:

  • Try to physically prevent the victim from placing a call to the police;
  • Threaten the victim further;
  • Break, destroy, or disable the phone;
  • Attempt to make it difficult for the victim to speak to the police on the phone;
  • Attempt to make it difficult for the police to hear the victim on the phone; and/or
  • Try to prevent the victim from telling the police something if the police arrive at the scene.

Any of the above examples are attempts to interfere with the reporting of domestic violence, which is prohibited by law under 720 ILCS 5/12-3.5. If you are facing domestic violence allegations, and allegations that you interfered with the reporting of domestic violence, you need to speak with an experienced Illinois criminal defense lawyer as soon as possible. You face serious charges, and a lawyer can help you defend yourself and your rights.

Interfering with the Reporting of Domestic Violence

Specifically, the statute on interfering with the reporting of domestic violence prohibits a person from preventing, or attempting to prevent a victim or a witness from reporting an instance of domestic violence. It can also be considered interfering with the reporting of domestic violence if a person prevents a victim from getting the medical attention or care that he 0r she needs after an instance of domestic violence. The resulting criminal charges are a Class A misdemeanor.  

Charges of interfering with the reporting of domestic violence are often accompanied by domestic violence charges, such as domestic battery, aggravated domestic battery, and violation of a protection order. Defendants are often charged with both, but sometimes one or both of the charges can be dropped if the facts do not support a conviction.

Let Us Assist You Today

When you are facing domestic violence charges, or charges for interfering with the reporting of domestic violence, there is a lot at stake and you need to consult with an experienced criminal defense lawyer. Please contact a passionate Rolling Meadows defense lawyer at our firm immediately. Our skilled advocates are prepared to help you today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=21100000&SeqEnd=23000000

Back to Top Back to Top Back to Top