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Few things raise public opinion as does the subject of domestic violence. While many people understandably become upset when the subject is raised it is also important to remember that such cases involve false allegations more than any other area of criminal law. Those accused of the crime may be in a situation where the other side is fabricating claims in order to gain an edge in other legal proceedings. There may also be issues of self-defense involved. If you have been charged with domestic battery then it is crucial that you contact our Orland Park office to speak with an attorney. Our Chicago domestic violence lawyer handles such matters throughout Cook County and elsewhere in Illinois.
Domestic violence occurs whenever one strikes a family member, a romantic partner, or one they have had a previous romantic relationship with. The violence does not have to be extreme; a simple shove may be enough to warrant charges. One arrested for such an assault will face a Class A misdemeanor for a first offense. This carries a penalty of up to one year in jail and a fine of $2,500. Subsequent offenses can result in a Class Four felony which carries a sentence of 1-3 years in prison. A conviction will also make it illegal to own a firearm under Illinois state law and 18 U.S.C. §922(g). It is important to understand that domestic violence is a criminal charge brought by the government and is not a private matter between two parties.
Misdemeanor domestic violence cases are heard in the Municipal Court while felony matters will be heard by the Circuit Court. If your matter is being heard in a specialized courthouse your matter is being decided by the Court’s 1stDistrict. After your arraignment the trial date will be set. During this time it will be crucial for your attorney to visit the scene of the incident if possible, to analyze all of the evidence against you, and to begin formulating a defense. It may be possible to reduce the prosecution’s available evidence through motion practice. At trial it will be crucial to show that the claims were false or that you were acting in self-defense.
Michael J. Brennan is a Chicago criminal defense lawyer handling domestic violence cases. He will use your initial consultation to learn your version of events and will quickly obtain evidence such as police reports, witness statements, etc. He will file Motions with the Court to exclude statements taken in violation of your Fifth Amendment rights so that they may not be used against you at trial. Michael will interview relevant witnesses to establish that the claim is either false or that you were acting in self-defense. You will be aggressively represented at trial and our attorney will be in regular contact with you throughout the process. Contact our office today to schedule an initial consultation.
Michael is a former State’s Attorney and has taken many cases to trial. He recognizes that there are times where Chicago area domestic violence claims are based on false accusations. Unfortunately, these tend to be instances where the victim is fabricating a story to gain an advantage in divorce or child custody proceedings. There may also be instances where someone makes up a story simply to “get even” with an ex. Whatever the situation, we are ready to assist you.