Fighting Against Domestic Violence Charges in Illinois

 Posted on December 01,2022 in Domestic Battery

There is no denying that domestic violence is a serious problem in Illinois and across the country. Data shows that more than 40 percent of women and 25 percent of men in Illinois have experienced intimate partner abuse. However, domestic violence advocates believe those numbers are actually higher because many survivors do not report that abuse. However, not every allegation of domestic violence is founded in truth. 

Domestic violence is a crime and perpetrators who are found guilty face significant penalties. In Illinois, domestic violence is a Class A misdemeanor and a conviction can mean up to 12 months in jail, a fine of up to $2,500, and mandatory counseling.

However, just like all criminal charges, a person who is accused has the right to fight the accusations and even avoid a conviction if it can be proven they are not guilty. The following are some of the defense strategies that a skilled criminal defense attorney may use to obtain a not-guilty verdict, a reduction of charges, or a possible dismissal of charges.

Insufficient Evidence

In any criminal case, the prosecutor is the party who has the burden of proof to prove the allegations against the defendant. This means that there must be evidence from the accuser that proves beyond a reasonable doubt that the accused committed an act or acts that fall under the Illinois domestic violence statute.

The evidence must show that not only did this violence occur, but that the defendant is the one who committed the acts. If evidence is lacking, a defense attorney can even use that lack of evidence to introduce the theory that the allegations the accuser has made against the defendant are false.

Self-Defense

Another possible defense strategy an attorney can use to defend a client accused of domestic violence is self-defense. With this defense, the defendant is admitting that they committed a violent act against the accuser but only did so to protect themselves against an act of violence that the accuser was threatening them with.

There is also the potential for a defense that the defendant acted to protect an individual who could not defend themselves against the accuser, such as a child or an elderly person.

Consent

In some situations, the violence may have occurred, but the accuser consented to it and was a willing participant. They may have consented to the violence as part of a sexual act or during some other type of sport or physical activity.

Contact a Lake County Defense Attorney

If you have been accused of domestic violence, do not delay in contacting a skilled Rolling Meadows domestic violence attorney. The sooner an attorney begins working on your defense, the better your chances are of a more positive outcome. Call The Law Offices of Matthew R. Gebhardt, P.C. at 847-239-4703 to schedule a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

https://assets.speakcdn.com/assets/2497/ncadv_illinois_fact_sheet_2020.pdf