Don't gamble with justice. If you're looking for expert counsel from an experienced Illinois attorney, call our Kane County criminal defense lawyers today at (312) 466-9466. We represent clients accused of domestic violence, from battery to stalking.
If you are facing a domestic violence criminal charge in Kane County, it is imperative that you seek legal advice from a top-notch criminal defense attorney who understands what your rights are and is prepared to defend them in court.
Maybe the accusations are false. Maybe there is no evidence. Maybe the other side hasn't told the full story or their story is inconsistent. Maybe what you did was necessary for self-defense. Maybe you weren't even there or have a witness who was there with you who says nothing happened and that you have been falsely accused.
These facts about your Kane County domestic violence case matter, but, sadly, in our criminal justice system, they may not result in the right outcome unless a good Kane County domestic violence lawyer is advocating on your behalf. Please get in touch with us at (312) 466-9466 to start the process.
When a criminal case involves a family member or spouse, it can be all the more difficult for a defendant to navigate Kane County's criminal justice system.
The personal nature of domestic violence cases often makes for a difficult situation where different parties claim different accounts of what happened. But in any domestic dispute, there are always two sides to the story.
Domestic violence is an umbrella term that includes several formal criminal charges, including domestic battery, assault, and stalking. A domestic violence criminal case usually arises when someone calls the police after a domestic incident has occurred. At that point, if the State is willing and able, they charge the accused with a crime. It doesn't matter if the victim later recounts their statement -- at that point, the case is in the hands of the prosecutors, and it is their discretion that determines whether or not the accused perpetrator will be prosecuted.
As your criminal defense attorney, it is our job to make sure that your side is heard by the judge and jury who will ultimately make a decision about you and your family's future. Oftentimes, the accused faces a disadvantage in court because they are already seen as guilty based on the victim's account.
Our office provides high-quality criminal defense representation for all types of domestic violence charges in Kane County. For every domestic violence charge, there is a legal defense -- and we are ready and willing to advocate on your behalf to ensure that your side of the story is preserved.
Domestic violence charges can mean a lot of things. Illinois law delineates charges into domestic battery, stalking, assault, and harassment, among others. Unlike other crimes, domestic offenses necessarily occur between two people who share a domestic relationship, which can include spouses, former spouses, parents, children, stepchildren, and people related by blood or marriage. Even if the victim and offender aren't related, a crime can be classified as a domestic offense if the two people involved currently or formerly shared a home.
Domestic violence offenses are not uncommon in Kane County. Illinois State Police reported roughly 2,100 domestic offenses in 2015 and 2,150 the year prior. In 200 of those cases, the State charged the accused with felony charges. According to the Kane County State's Attorney, Joe McMahon, domestic violence is a persistent issue in Kane County. While the incidence of other types of crimes, such as theft and drug offenses, has gone down, rates of domestic violence have remained steady.
Domestic violence is viewed as a serious offense in the eyes of the court. If you are convicted of certain domestic crimes, such as domestic battery, you may have to deal with a permanent stain on your criminal record. To avoid the harshest of consequences, it is imperative that you speak with a knowledgeable, experienced Kane County domestic violence attorney who will defend your rights in the courtroom.
The most common domestic offense in Kane County is domestic battery. Under Illinois law, domestic battery is defined as intentionally or knowingly, without legal justification, by any means causing bodily harm, or making physical contact of an insulting or provoking nature.
Illinois takes domestic battery seriously. Even a first conviction can result in damaging effects on your future.
Domestic battery can be classified as a misdemeanor or felony. Usually, a first offense domestic battery is charged as Class A misdemeanor. But if a defendant already has a previous domestic battery conviction, or if they have violated an order of protection, that State can charge up to a Class 4 felony. The nature of the charge depends on whether various aggravating factors are present.
For this reason, a Kane County Domestic battery conviction can carry a range of sentences. Class A misdemeanors can warrant a sentence of up to 364 days in jail and a fine of $2500. However, a defendant is usually eligible for court supervision if it is his first offense. It is also common for a defendant to be sentenced to mandatory domestic violence training, such as an anger management class, if the judge sees fit.
When a battery charge surpasses the misdemeanor level and becomes a felony, it is called Aggravated Domestic Battery. In this case, the incident must have caused "great bodily harm" to the victim. Alternatively, this charge is brought when the defendant has been convicted in the past of domestic battery. If the state classifies the offense as a Class 4 felony, a defendant could be looking at a sentence of three to seven years in prison.
With a domestic battery conviction, some elements are certain. If you are a gun owner and carry a FOID card, the state will revoke that license along with any concealed carry permit. A domestic battery conviction also frequently results in a "no contact" provision that prohibits any interaction with the victim and sometimes the residence involved as well. Lastly, it is important to note that a domestic battery conviction cannot be removed from a criminal record. In other words, it does not matter whether you are convicted of a misdemeanor or felony -- the conviction will be a permanent mar on your record.
Over the years, we've developed deep expertise handling order of protection cases, which are part of the larger category of domestic violence cases. We are available to answer your questions about orders of protection in Kane County, such as:
If it has to do with orders of protection, we've handled it. Call us at (312) 466-9466 to get the answers you need, and to see if our legal services might be useful to you.
One of the most common legal defenses for those accused of domestic violence is self-defense, but there are many strategies that may apply to your case.
When you hire a criminal defense attorney, he will evaluate the facts of the case and together you will determine which defense strategy has the best chance of yielding a favorable result. A domestic violence charge doesn't have to result in a conviction if you have a knowledgeable criminal defense lawyer on your team.
We have thirty years' experience under our belt zealously defending Illinois residents caught up in domestic violence cases. If you are facing domestic criminal charges in Kane County, and you would like to understand legal avenues to fight your case, call our office at (312) 466-9466 to schedule an in-person consultation.