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Archive for the ‘mistaken identity’ 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

When Mistaken Identity Could Be a Criminal Defense

December 29th, 2015 at 10:02 am

illinois defense lawyer, Illinois criminal attorney, defense to a crime,Countless innocent individuals are wrongly accused because they are mistakenly identified as the person who committed the crime. When this is the case, criminal defendants can and should raise mistaken identity as a defense to the criminal charges that they face. Mistaken identity can be a good defense and it is a defense of innocence.

Every defense strategy that is available to you should be utilized when defending against a crime you did not commit. Mistaken identity defenses should be raised in addition to other defenses that support your position and your criminal defense lawyer should attempt to discredit eyewitness’ identification of you, as well as refute the evidence against you.

Why Does Mistaken Identity Happen in the First Place?

Sometimes an eyewitness is available in a criminal case who swears that the defendant is the person he or she saw commit the crime. While the witness’ belief is completely wholehearted (meaning the witness does not believe that he or she is wrong and that the witness is not lying), the witness’ recollection of the defendant simply might be mistaken. A number of factors can affect a witness’ ability to recall what criminal perpetrator looked like. For instance:

  • Lighting conditions at the time of the crime can affect a witness’ ability to see the perpetrator;
  • The distance between the perpetrator and the witness can affect how well the witness can see the perpetrator’s face;
  • Weather could impact a witness’ ability to see the perpetrator;
  • Fear felt by the witness at the time of the crime can impact his or her memory, or ability to remember what the perpetrator looked like;
  • Time could alter the witness’ memory of what the perpetrator looked like, and could morph or distort the memory into someone else who looks similar to the perpetrator; and/or
  • Sometimes cues from law enforcement cause a witness to falsely identify an innocent person as a criminal. These cues are not necessarily overt or deliberate. Rather, police instructions could influence a witness’ memory. Similarly, a line up or photo array might could bias a witness’ memory of what the perpetrator looked like.

Mistaken identity is one of the leading causes of wrongful conviction and that is why it is critically important to raise this defense if it is applicable to your criminal case. Furthermore, if there is any evidence that places you somewhere else at the time of the alleged crime (i.e., you have an alibi), it is important to demonstrate this evidence as well. If you did not commit the crime in the first place, then every possible effort needs to be made to defend your rights. Your freedom and reputation are at risk if you are wrongfully convicted of a crime you did not commit.

Call the Law Offices of Christopher M. Cosley

Being mistakenly identified as the perpetrator of a crime is unfortunate. You will need an experienced criminal defense lawyer to help you set the record straight. Please contact a passionate Rolling Meadows criminal defense attorney immediately at the Law Offices of Christopher M. Cosley. We are happy to help.

 

Source:

https://www.law.cornell.edu/wex/alibi

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