Illinois Domestic Battery Case Not Guilty

With the goal of winning the most domestic battery cases, aggressive criminal defense attorneys in Illinois like Steven R. Hunter fight tirelessly to win Illinois battery cases and get charges dismissed or earn a Not Guilty verdict.

In this case, the client was accused of punching his then girlfriend in the face during an argument. The evidence included a number of photos showing the complaining witness's swollen and discolored face, medical records and testimony suggesting permanent injury, and a voice mail in which the client stated that he was sorry and that he "just lost it."

At first glance, not a promising case. However, the client knew from his history with the complaining witness that she was prone to violence. He suspected that someday he might have to defend himself and would then be accused of Domestic Battery. Therefore, he had photos of past injuries inflicted on him by the complaining witness, including a scratched-up face and a knife wound.

In addition, he took pictures of his injuries from the altercation that gave rise to his arrest. He also obtained lobby surveillance video that showed him calmly walking his girlfriend to her car and carrying her bags as the doorman looked on.

The client had photographs and physical evidence showing broken glass, damage to his walls and possession, etc. Finally, the client wisely hired Attorney Steven R. Hunter, an aggressive and experienced trial attorney with a long track record of winning domestic battery cases in Illinois.

After reviewing the client's evidence, Mr. Hunter obtained and reviewed the prosecution's evidence, including the entire tape of the voicemail. At the end of the tape, the client stated he was sorry, but that he could not take "being punched and kicked anymore."

Once the trial began, the defense evidence, the testimony of the client, and the actions that the girlfriend admitted under cross-examination all proved that she was the aggressor. She had thrown the client's cellphone against the wall, smashed water glasses, thrown objects against walls, twisted and destroyed his eye glasses, and attempted to smash his laptop computer. When he finally restrained her, she responded by hitting and kicking him.

Fearing for her safety, he punched her one time, in self-defense, and the attack stopped. The girlfriend then emptied his wallet and demanded he walk her to her car, which he did. Once there, she called the police and claimed that she was being attacked.

The case went to trial. In particular, the defense highlighted the last line on the tape, and the judge entered a finding of Not Guilty. (11 DV 80800).