Gurnee Domestic Battery Lawyer

What Is Domestic Battery?

Domestic battery convictions carry a heavy stigma. No matter what actually happened, you are likely to find that you are thought of - and legally treated - as an abuser. However, these cases are often much more complex and nuanced than meets the eye. Police often fail to arrest the primary aggressor, and they may instead arrest the victim for using self-defense. In some cases, police will even arrest both parties involved in a dispute in the hopes that the courts will sort it out. Unfortunately, if you have been arrested for domestic battery, you are in a difficult and precarious position. Judges have little tolerance for people they perceive to be abusers.

Brady Cole Trial Lawyers has years of experience working to defend people who have been accused of domestic battery. We fully understand the legal and social risks associated with these types of cases. As we work to uncover any facts or circumstances that may be helpful to your defense, we will build the strongest case possible.

Understanding Domestic Battery Charges

When people think of domestic violence, it tends to conjure up the image of a man beating his female romantic partner. While this most certainly does happen, and many men are arrested for these types of offenses, the actual definition of domestic battery in Illinois is far more nuanced. People of all genders can be arrested for domestic battery against a person of any sex. The offense is largely defined by who the victim is.

The victim could be not just a current romantic partner, but also:

• A family member, like a parent, sibling, or cousin.
• A platonic, unrelated roommate.
• Your child's other parent, regardless of whether you were ever romantically involved.
• A family member of your child's other parent.
• A past romantic partner.

Even a simple dispute with a roommate that turns physical can lead to you being labeled a domestic batterer.

Defining "Battery" in Domestic Battery

The term "battery" is not limited to physical assaults with the intention of injuring the other person. The actual legal definition of a battery is far more nuanced. In Illinois, "battery" means to either cause bodily harm (including pain) to an individual or to make "physical contact of an insulting or provoking nature" with another person. As you can see, a wide variety of actions may fall under the definition of battery. Poking a person in the chest during an argument may even be enough to support a battery charge.

In most cases, domestic battery is a misdemeanor. However, in more serious cases, such as those where a weapon was allegedly used, felony charges are possible.

How a Domestic Battery Attorney Can Help

Rarely is the entirety of the situation abundantly clear to police officers when they first arrive on the scene of a domestic dispute. They may find chaos - people yelling, fighting, and making contradictory claims about what has happened and who the primary aggressor was. In the confusion, the person the police decide to cuff may or may not be guilty of any crime.

As attorneys, we will conduct a more careful and reasoned investigation into what happened. Domestic battery cases can very much become a "he said, she said" situation. We will examine - and question - all available evidence in your case in order to build the strongest defense possible.

In some cases, we may be able to show that there is simply not enough objective evidence to carry a conviction. In others, there may be evidence suggesting that the alleged victim was untruthful. The specific strategies we use to defend you will depend on the evidence available and the particular facts and circumstances of your case. Our goal will be to minimize the impact of this case so that you can keep moving forward with your life.

Contact a Waukegan Domestic Battery Defense Attorney

If you are facing domestic battery charges, Brady Cole Trial Lawyers can help by putting forth the best possible defense available. Our experienced attorneys will take a close look at your case to determine what type of defense strategy you would benefit most from. For a free consultation, contact us at 847-752-9639.