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Archive for the ‘Rolling Meadows domestic violence defense lawyer’ tag

Strangling is Aggravated Domestic Battery in Illinois

April 24th, 2017 at 7:00 am

strangling-Rolling Meadows Domestic Violence Defense Lawyer Many people live in some sort of domestic relationship at home. You might live with a significant other or even with a family member. Of course, sometimes tensions can rise between people who live together or lived together in a domestic relationship, and things can get out of hand.

When one person physically hits or strikes the other, it can constitute domestic battery, which is a crime in Illinois. When actions escalate and the violence is extreme, or strangling is involved, the battery is considered aggravated domestic battery.

What is Domestic Battery in Illinois?

In Illinois, domestic battery is defined as when an individual causes bodily harm or makes physical contact of an insulting or provoking nature against a family member or household member without legal justification to do so. Physically hitting, biting, violently threatening, etc. are all acts of violence. When you commit these acts against a family member or a household member, you could face domestic battery criminal charges. A first time offense is a Class A misdemeanor, while a second or repeat offense (after a domestic violence conviction) can be a Class 4 felony.

There is a second tier for domestic battery, referred to as aggravated domestic battery, which covers physically harmful conduct that is committed against a family or household member that is more severe than simple domestic battery.

What is Aggravated Domestic Battery in Illinois?

When the physical violence committed against a family or household member is more serious, then you can be charged with aggravated domestic battery. Specifically, engaging in physical contact with a household or family member with full knowledge that your physical contact will cause great bodily harm, disfigurement, or permanent disability is aggravated domestic battery.

Similarly, strangling a household or family member also constitutes aggravated domestic battery. Strangling involves deliberately impeding the normal breathing of the victim and/or preventing circulation of blood to the brain of the victim by applying pressure to the neck or throat of the victim. It does not matter if the act of strangling was for just a second or for several seconds. Moreover, even just one instance of strangling can be enough to support a conviction. Aggravated domestic battery is a Class 2 felony.

Domestic battery allegations are fairly common in Illinois, and when someone is falsely accused of domestic battery it can be problematic for the individual who stands accused. An angry ex or your current significant other, roommate, or family member might lodge false or exaggerated allegations to the authorities that you engaged in domestic violence against them. It is unfair when these things happen and if you are charged with domestic battery in Illinois, you need to contact an experienced criminal defense lawyer immediately.

Get a Criminal Defense Lawyer on Your Side Now

Please contact a passionate Rolling Meadows domestic violence defense lawyer as soon as you can if you are facing domestic battery or aggravated domestic battery criminal charges. We can help craft a solid defense in your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

Charged With Domestic Violence When You Acted in Self-Defense?

November 18th, 2016 at 9:39 am

domestic violence, self-defense, Rolling MeadowsDomestic disputes occur between significant others and family members frequently in Illinois. Sometimes these  get out of hand and rise to the level of domestic violence.  

Under Illinois law, domestic violence generally involves acts of violence or threatening behavior between two people who share a domestic relationship, or used to share a domestic relationship. Domestic violence disputes arise between spouses, exes, significant others, family members who are related by blood or marriage, and people who share a living space, such as roommates.

Even the most minor physical contact can be construed as a battery. If you are concerned that someone is likely to make a false claim of domestic violence against you, you should avoid making physical contact with that person at all costs. But just because you deliberately refrain from physical contact does not mean that someone will not make an attack on you.

Charged with Domestic Violence When You Acted in Self-Defense

There are many cases of domestic assault and battery where the accused is charged with domestic violence when he or she was merely acting in self-defense. While it is unfortunate that charges are being pressed against you for domestic violence, it is fortunate that self-defense could be a potential defense to these charges.

Under Illinois law, a person is justified to use force against another when he or she believes that the use of force is necessary to defend him or herself from imminent harm from another’s use of force. A skilled Illinois criminal defense lawyer can examine the specifics of your case and help ensure the charges are dropped against you if you were acting in self defense.

Defense of Others Might Also be a Defense to Domestic Violence Charges

Not only can you act in self defense, but you can also act in the defense of others. Another common scenario where domestic violence charges are filed involves one person acting violently or threateningly against someone else, where a third party steps in to aid in the defense of the victim. If this occurred in your case, it is imperative that you speak to an attorney as soon as possible to ensure your rights are protected.

Let Us Help With Your Domestic Violence Defense

If you are faced with allegations of domestic violence, but you believe that your actions were justified as an act of self defense or the defense of others, you should contact a dedicated Rolling Meadows domestic violence defense lawyer as soon as possible. Our attorneys can examine the specifics of your criminal charges in Illinois, and utilize our knowledge and experience to help craft a solid defense. Reach out to us today for a consultation and to learn how we can be of assistance.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2100

Falsely Accused of Domestic Battery: What Is, and Is Not Domestic Violence?

July 22nd, 2016 at 7:34 am

Illinois domestic violence case, Rolling Meadows Domestic Violence Defense LawyerMany Illinois families and couples find themselves in disagreements. They might yell at each other, act aggressively, or maybe behave in a crazy manner. Sometimes things get out of control and the police are called. One of the people involved in the fight might make the call, or a concerned neighbor could do it. When the police are called to investigate an alleged domestic dispute, they can make an arrest if they believe that a crime, such as domestic abuse, has been committed. Because the situation is often tense when the police show up, and those involved in the fight are often emotional, things are said, exaggerations might be made, and the police might haul off one party, even though his or her actions during the fight did not really rise to the level of domestic violence.

False allegations of domestic violence are made all too frequently, and it can be a major inconvenience, and even a problem, for the accused abuser. As a criminal defendant charged with domestic violence, you are facing serious consequences if you are convicted. That is why it is so important to work with an experienced criminal defense lawyer who understands domestic violence defense to fight the charges that have been levied against you.

Acts That Constitutes Domestic Violence

It is likely an act of domestic violence if the aggression takes the form of:

  • Hitting, punching, pushing, kicking or otherwise striking;
  • Choking or strangling;
  • Threatening to harm or kill;
  • Harassing;
  • Intimidation;
  • Forced sex; and/or
  • Preventing the other person from leaving, calling the police, or otherwise interfering with their personal liberty.

Other acts toe the line when it comes to whether or not they rise to the level of domestic violence. For instance, yelling – in its own right – would not necessarily be enough for domestic violence charges to stick, unless the yelling involves threats. Throwing or slamming objects in the home might not rise to the level of domestic violence unless the item is thrown at a victim, or if the throwing or slamming is done is a threatening way.

Defenses to Domestic Violence Allegations

There are a limited number of defenses that make sense in a domestic violence case, but any one of them can be raised against false accusations of domestic violence. Some of the most common defenses include:

  • The victim is lying or exaggerating. There are plenty of instances where an alleged victim might lie or exaggerate what happened, which can prompt police to make an arrest for domestic violence.
  • The physical harm suffered by the victim was the result of an accident. Sometimes an act of domestic violence is the result of an accident (e.g., the couple was fighting, she threw a plate, and when it shattered, fragments got into his eyes).
  • The alleged abuser was acting in self-defense. The victim might have started the domestic dispute, and the alleged abuser might have struck the victim as a means of self-defense.

Contact The Law Offices of Christopher M. Cosley

If you are faced with false allegations of domestic violence, contact a Rolling Meadows domestic violence defense lawyer as soon as possible. We can help you throughout each step of your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000600HArt%2E+III&ActID=2100&ChapterID=59&SeqStart=4200000&SeqEnd=5000000

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

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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