Home > Domestic Battery / Violence
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8770 West Bryn Mawr Ave, Suite 1300
Chicago, Illinois 60631
70 W. Madison, Suite 1400
Chicago, Illinois 60602
1821 Walden Office Square
Schaumburg, IL 60173
5250 Old Orchard Road, Suite 300
Skokie, Illinois 60077
What is Domestic Battery / Violence?
The Chicago criminal defense attorneys at Legal Defenders, P.C., have the experience and expertise to help you beat your case and clear your name.
We understand how serious a charge of Domestic Battery / Violence can be for your future. A conviction for Domestic Battery / Violence can have serious consequences for your future and can never be removed from your record. A conviction for Domestic Battery / Violence will follow you the rest of your life. It could affect your relationship with your family and your friends.
Many employers will not give you a job if you have a Domestic Battery / Violence on your record. It is important that you win your case so you can clear your good name. It is absolutely critical that you hire an attorney that understands how serious this case is and has the experience and expertise to help you win and beat your case.
We will stop at nothing to prove that the charges against you are false and that you are not the type of person the prosecutor is claiming you are.
Under Illinois law, (720 ILCS 5/12-3.2), a person commits the offense of Domestic Battery / Violence if they knowingly and without legal justification:
(1) Causes bodily harm to any family or household member; or
(2) Makes physical contact of an insulting or provoking nature with any family or household member.
"Family or household members" are spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants, and caregivers.
The Chicago criminal defense lawyers at Legal Defenders, PC have the knowledge and experience to aggressively defend your case. A Domestic Battery / Violence conviction can ruin your life. The Chicago criminal defense lawyers at Legal Defenders know that a charge of Domestic Battery / Violence is often used as a way of removing a person from a house. Many times, a spouse will try to have their spouse arrested as leverage in a divorce.
Typically, in a case involving a charge of Domestic Battery / Violence, the police will arrest the accused and take them to the police station lockup. After posting a bond, the accused is released but is not allowed to return to the home for at least 72 hours. Further, an order of protection is issued by the Criminal Court and a court date is assigned for the case.
Why is Domestic Battery / Violence So Serious?
The Chicago criminal defense lawyers at Legal Defenders understand that a Domestic Battery / Violence charge can affect your life in a significant way and have long lasting effects. Domestic Battery / Violence is serious because:
You can be sentenced to jail. A conviction becomes a permanent public record and can only be cleared by a Governor's pardon. Employers, credit agencies and landlords can view your criminal record. A conviction for Domestic Battery / Violence cannot be expunged or sealed. A conviction can affect your custody and visitation rights. The entry of an Order of Protection could affect access to your family, home and property.
What Is The Sentence for Domestic Battery / Violence?
Under Illinois law, Domestic Battery / Violence is a Class A misdemeanor which can carry a prison sentence for up to 1 year. A second conviction of Domestic Battery is a Class 4 felony which carries a prison sentence from 1 to 3 years. However, probation is available as an alternative to jail. In addition, if you have been convicted of a Domestic Battery within the past 5 years, you must serve at least 72 hours in jail. The key is to avoid a conviction and have your case dismissed.
Why Hire the Chicago Criminal Defense Lawyers at Legal Defenders to be my Criminal Defense Attorney for my Domestic Battery / Violence Case?
We will fight for you.
We are not former prosecutors - we have never tried to send anyone to jail.
The Chicago criminal defense lawyers at Legal Defenders understand the seriousness of a Domestic Battery / Violence charge. We have the knowledge and experience to aggressively defend your case.
The Prosecutor often fails to see the broader consequences of a criminal conviction on the accused and their family. Prosecutors are mostly concerned about getting a conviction and sending people to jail. Often, the person who is arrested is a family member who ultimately reconciles with the accuser. It is important that the consequences do not become a permanent burden on you or your family.
The Chicago criminal defense attorneys at Legal Defenders realize that not everyone is interested in reconciliation. The need for an experienced criminal defense team which will vigorously defend your rights is essential to success.
As your attorneys, we will review all of the evidence and keep you fully informed with the progress of your case. We will carefully examine and investigate all issues and defenses including:
- Where you acting in self defense?
- Where your constitutional rights violated?
- Does the accuser have ulterior motives?
- Is the accuser abusing the system?
- Are there any medical reports?
- Are there any witnesses?
- Are there any phone or email records?
- Are there any pictures or DNA evidence?
- Are there any online records such as Facebook or MySpace?
- Did the police take any statements?
- Has the accuser ever struck or threatened you in the past?
- Has the accuser made unfounded allegations of domestic battery against you, or someone else in the past?
- Does the accuser have a criminal record?
- Did the police follow the law?
Upon hiring us, we will file a Motion for Discovery with the Court. That means that the Prosecutor will be ordered to give us all of the evidence that they have against you including police reports, statements, the accuser's criminal background, pictures and other documents. The Chicago criminal defense attorneys at Legal Defenders will make sure there are no surprises at any stage of the process. Upon final review of the evidence, we will file motions to suppress evidence and statements and motions to dismiss the case if warranted by law.
The Chicago criminal defense lawyers at Legal Defenders will assess all the variables and factors involved and determine the best course of action for you as you fight your Domestic Battery / Violence case.
The Chicago criminal defense lawyers at Legal Defenders will work within the system to lessen the impact on your life and future plans. Rest assured, we will fight for your rights so you have the best chance of beating your charge of Domestic Battery / Violence.