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Archive for the ‘domestic violence defense’ 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

Defense Strategies in an Illinois Domestic Violence Case

April 6th, 2016 at 7:25 am

Illinois domestic violence case, Rolling Meadows Domestic Violence Defense LawyerThere are a number of individuals who face domestic violence charges in Illinois and do not know what to do about the charges that are pending against them. Criminal charges can be scary and serious, as a conviction can have a long-term impact on a person’s life.

A domestic violence conviction can impact a person’s ability to go near the alleged victim, stay in their own home, or could impact their child custody or visitation rights. An experienced domestic violence criminal defense lawyer can help with domestic assault and battery charges and any other domestic violence-related legal assistance you might need, such as dealing with charges concerning a violation of a protection order or charges of domestic battery. Criminal defense can be technical and confusing, but those who stand accused should have an understanding of their legal options.

Strategies for Fighting Domestic Violence Charges

Below is a general overview of a few typical legal options that defendants facing domestic violence criminal charges might have, depending on the specific facts of their case. Each domestic violence case is unique, and as such, not all of the below strategies might work in any given situation. Consult with a domestic violence lawyer about your case and what options are relevant to your situation.

  1. Dismissal of Charges. The first and foremost strategy is to try and get the charges against you dismissed. This can happen in a number of ways, and your lawyer will review your case carefully to see which options you have. There might be a procedural error in your case, or some other reason why the domestic violence charges against you should be dropped by the court (i.e., insufficient evidence, an error in the charging documents, etc.). Your lawyer can use a pretrial motion to get your case dismissed if there are circumstances that warrant dismissal.  
  2. When Charges Are Based on False Allegations. When the domestic violence allegations pending against you are false, your case could be won by proving that the allegations are false. There might be evidence to support your position that the allegations were made up by the alleged victim, and if so, this evidence could get your charges dropped if presented to the court. Your lawyer will help you determine if there is strong evidence in your case, and whether the evidence will be useable in court, to support your case.
  3. When An Incident Was Not Domestic Violence. There may be facts or circumstances that support a defense that no domestic violence took place. The police might have been called to a “situation” at a domicile, but there may not ever have been allegations of domestic violence made by anyone in the domicile. Instead, the police might have jumped to conclusions and made an arrest when they should not have.

Reach Out to Us for Help

Domestic violence charges are serious. Having an experienced criminal defense lawyer will go a long way towards getting your charges dropped or reduced, and will help ensure that you receive fair treatment under the law as a criminal defendant. Please contact a dedicated Rolling Meadows domestic violence defense lawyer as soon as you are able. We can help you throughout each step of your case.

Source:

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

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