In the state of Illinois, a domestic battery conviction constitutes a Class A Misdemeanor. If convicted, one can face up to one year in prison and significant fines. It should be noted that a battery charge can be elevated to aggravated battery due to a number of circumstances, including if children are present or harmed, or if the person has a prior domestic battery conviction on their criminal record. Unfortunately, many people are charged with domestic battery when the law enforcement officials rush to judgment or react to a fabricated accusation. Below, we will examine some of the most common defense strategies used in domestic battery cases.
Recognizing the way in which a conviction can drastically impact one’s life, hiring an attorney that will fight for your best interest is paramount in these cases. The first step an attorney will take in developing the defense case is going over the incident with you. Through answering questions, and explaining the events that lead to the incident, your attorney can develop a compelling defense case. Listed below are some of the most common defenses used to help clients avoid a conviction.
Self-Defense: As mentioned above, law enforcement officials may be quick to hand out a domestic battery charge, even if you state that your actions were made in self-defense. If you were forced to defend yourself against threats made by a family member, your attorney will work diligently to prove that you were reacting to the actions of the assailant.
False-Accusations: In some domestic battery cases, charges are completely founded on the accusation of another party. In many of these instances, these accusations are entirely false. False-accusations can be made for a number of reasons, including a spouse that is looking to secure child custody or significant percentage of marital assets. If an accusation is made upon you, as you and your spouse are preparing for divorce, it is important to share this information with your attorney.
Insufficient Evidence: In cases in which authorities are simply going off of the accusations of a family member, your attorney may be able to defend you based on a lack of evidence. Through a thorough analysis of any present evidence and an in-depth examination of the alleged incident, your attorney will establish whether or not insufficient evidence will be a viable defense strategy.
At J. Aldrich Law, P.C., we are dedicated to defending our clients to the best of our ability. While being charged with domestic battery can be frightening, a conviction is not inevitable. Through skilled development of a defense, we are confident in our ability to represent the best interest of our clients. To schedule an initial consultation with a knowledgeable DuPage County criminal defense lawyer, call us today at 630-953-3000.