Chicago Domestic Violence Lawyer
Top Domestic Battery Lawyer in Chicago
Navigating the complexities of domestic violence laws in Illinois can be daunting, but being aware of their nuances is essential for anyone facing criminal charges. It's important to employ an experienced Chicago-based attorney when facing domestic battery cases and dealing with restraining orders or orders of protection implications.
Domestic Violence Charges
Understanding domestic battery charges in Illinois is essential, as a conviction can have severe repercussions. Hiring a criminal defense attorney experienced in Illinois domestic violence laws is imperative to avoid facing long-term consequences.
A reputable Chicago domestic battery lawyer can build a strong defense strategy by gathering evidence, discrediting false allegations & minimizing the impacts on one's life.
Understanding Domestic Battery Charges in Illinois
In Illinois, domestic battery is considered a kind of domestic violence offense. To sustain a conviction for domestic battery, the prosecutor must prove that the defendant, knowingly and without legal justification, caused bodily harm or made physical contact of an insulting or provoking nature to any family or household member.
Being knowledgeable about the legal consequences that could come with such charges can be crucial. This may cause individuals convicted of domestic battery to face jail or prison time, hinder them from being eligible for certain jobs, obtaining gainful employment, owning guns, and carrying the lifelong stigma of having a permanent public record. Acquiring help from an attorney who understands these laws is critical for anyone facing allegations of domestic violence cases.
Domestic Violence and Illinois Domestic Violence Act recognizes this crime by providing additional protection to its victims against any form of interference when trying to report domestic abuse, preventing them from making calls to 911, and obstructing when filing reports to law enforcement authorities.
What Constitutes Domestic Battery
A domestic battery is different from a simple battery in that it involves physical violence against persons who are "family or household members." Illinois domestic battery law defines a “family or household member” as any individual related by blood, marriage, or adoption. It includes persons who are dating or have dated one another in the past or have shared the same dwelling. The presumption under the law is that such individuals are deemed vulnerable to abuse and can often become domestic violence victims.
Domestic Violence Cases
In Illinois, the consequences of a domestic battery conviction can range from fines and mandatory counseling to jail time and even land you in state prison. The most extreme penalty associated with domestic violence is a Class 2 felony. This type of offense carries longer potential prison sentences (up to seven years), than those levied for misdemeanors. The accused should seek advice from an experienced domestic violence attorney in order to build up their defense against these serious accusations.
Domestic Battery Consequences in Illinois
In Illinois, Domestic Battery is a Class "A" misdemeanor. It is punishable by up to a year in prison, a fine of up to $2,500, or both. If the defendant has a prior domestic battery conviction, he or she can be charged under the Class 4 felony statute. Additionally, if the defendant has three or more domestic violence charges that resulted in a conviction, either in this or another state, then they can be charged under Class 3 felony.
Aggravated Domestic Battery Consequences in Illinois
In Illinois, aggravated domestic battery is codified under Section 720 ILCS 5/12-3.3 and is a Class 2 felony. It is punishable with imprisonment of up to 7 years, fines worth $25,000.00, or both. Additionally, a domestic battery or an aggravated domestic battery cannot be wiped off one's criminal record upon conviction.
When, during the commission of domestic battery, an individual chokes another person or inflicts great bodily harm resulting in physical disability or disfigurement, they will most likely be charged with this violent crime. Additionally, if the victim is a child under 13, the defendant can be charged with this type of felony.
The Importance of Hiring a Domestic Battery Attorney in Chicago
Finding an experienced domestic violence lawyer in Chicago is critical for constructing an effective defense, dealing with domestic violence allegations, and mitigating the effect on your life. Having a domestic violence defense lawyer who handles and understands these types of charges can provide ample time to arrange a solid strategy and defense.
In many instances, a family member will strategically make use of these kinds of allegations during family law conflict against the other party involved, alleging domestic abuse or battery charges. So it's essential that you get legal advice from an expert lawyer immediately.
Building a Strong Defense Strategy
Our team of domestic violence lawyers will use a defense strategy geared toward the particulars of every case. We will collect data and question the prosecution's claims that a crime was committed. Tactics we use include discussing terms for dropping the domestic violence charge, demonstrating the absence of corroborating evidence, and underlining any other problems that could arise within the prosecution's case. Through a thorough cross-examination, we can demonstrate falseness from the alleged victim's testimony as well as raise reasonable doubt in their version of events presented to police officers.
While building up an effective plan to protect clients' rights, our attorneys focus largely on gathering witness statements, medical records, and other forms of additional relevant information while initiating talks about dismissal or reduction in punishment.
Navigating False Domestic Violence Allegations
False claims of domestic battery can have a drastic impact. Having experienced Chicago domestic violence lawyers on your side will help you understand the legal proceedings and prove that those accusations are not true. To dispute such allegations, it's important to find facts that support one's stance while disproving any false claims. This may include looking for witness verbal accounts, gathering physical evidence as well and gathering documented proof like texts or emails.
Having proper guidance from a qualified domestic violence attorney is key when dealing with false charges and can provide invaluable advice by thoroughly examining each element, discrediting unsupported theories.
Orders of Protection and Their Implications
It is essential for those affected by Orders of Protection in Illinois to have a full understanding of the implications these legal directives can bring. These orders are court-mandated and if violated, can result in serious legal consequences. Those often include criminal charges, monetary penalties, or even jail time.
Types of Orders of Protection
In the state of Illinois, there are three types of Orders of Protection: Emergency, Interim, and Plenary. The duration for each varies. An Emergency Order of Protection lasts between 14 and 21 days, while an Interim Order of Protection may be in effect for up to 30 days. In contrast, a Plenary Order of Protection is valid for up to two years at most.
Consequences of Violating an Order of Protection
In Illinois, violating an order of protection can result in serious criminal charges and penalties, such as fines of up to $2,500 for a first offense. Jail time may be imposed that could last from one month up to many years depending on the number and magnitude of violations committed by the offender. The court might also impose probation or require counseling sessions.
If you are facing a domestic violence charge or are subjected to a restraining order proceeding, call Law Offices of Mitch Furman, today for a free consultation and an evaluation of your case.