Avoiding Prison When Charged With Aggravated Domestic Battery

Winning an aggravated domestic battery case in Illinois can be challenging. In some cases, the best result is to attend the Cook County Impact Incarceration, also known as Boot Camp, and avoid prison.

In this Chicago aggravated battery case, the client and his girlfriend, who was the mother of his children, had a long and stormy relationship. The client had a number of prior arrests for Domestic Battery. Steven R. Hunter, a well-known aggravated domestic battery attorney in Chicago, had beaten a previous misdemeanor charge of domestic battery against his girlfriend's family members after a trial, but the client also had convictions from cases where he had not hired Steven R. Hunter.

In fact, in this particular instance, the client did not hire Steven R. Hunter until after bond court and his preliminary hearing. While represented by the Public Defender's office, he had been offered 5 years in the Illinois Department of Corrections. This is a poor offer for someone with no prior felony convictions, but the client gave the appearance of someone who did not have a strong case and was going to plead guilty.

This changed once he hired our Chicago criminal defense law firm. We filed written motions opposing some of the prosecution's evidence, filed a witness list that included the client's mother (the incident occurred at her house), and had several conversations with the complaining witness, who at times agreed to make a statement in support of the defendant, but would then fail to appear.

The case was further complicated when the client was arrested for a new charge. He was subject to an Order of Protection and had been served in open court. That order required him to have no contact with his girlfriend.

However, she felt that he should help her with child care responsibilities, and called him demanding he give her and one of their children a ride to the doctor. As he was doing so, the car was stopped by a police officer who was aware of the order. The client was then arrested and charged with violating an Order of Protection. It was potentially a second felony with a mandatory consecutive sentence. The client could have gone to prison for years.

However, Steven R. Hunter represented the client on the new case. He appeared at the originally scheduled preliminary hearing, but the case was transferred and a misdemeanor charge was filed.

The client's number one priority was to avoid prison. Therefore, Steven R. Hunter requested and received a 402 conference. A 402 conference is a meeting between the judge, the prosecutor, and the defense, in which the judge will hear about the case from both sides and then let the parties know what kind of a sentence he is likely to impose.

Steven R. Hunter acquired family photos, proof of employment, character references, and other helpful information, all of which showed the client in a positive light, in contrast to his rap sheet.

After a persuasive presentation by Steven R. Hunter, the Judge agreed to offer Cook County Impact Incarceration, also known as "Boot Camp." The client was extremely happy with this outcome and accepted it immediately, thus avoiding prison. The misdemeanor charge was included in the negotiations, with the client receiving credit for time served as a sentence. (11 CR 1246101; 11 DV 7835401).