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If you have been accused of domestic assault by your partner or spouse, you are going to need exceptional legal advice and representation to minimize or save you from fines and a jail sentence. Read on to find out more.
Residents of Illinois are protected by the (750 ILCS 60/) Illinois Domestic Violence Act of 1986. Many actions of a person can lead to a domestic violence charge, which means somebody is going to get arrested. Those who have been charged with domestic assault need to realize that charge of domestic assault or battery is taken extremely seriously in the State of Illinois, and can lead to permanent and damaging effects on a person’s future. That is why those who are charged with domestic assault need to act quickly. The first thing you must do is hire a professional attorney who is qualified at handling cases of domestic violence. This is where we come in.
At the Law Offices of David L. Freidberg your case will be reviewed by an experienced Chicago and DuPage County attorney who specializes in domestic violence cases, who will advise and guide you through the process. Those who face charges of domestic assault in Chicago or Dupage County will be provided with the right legal representation to either minimize the punishment, or find inconsistencies that will completely absolve you of the charges. Domestic assault is a criminal offence in the State of Illinois and needs to be dealt with by professional Chicago Criminal Defense attorney, who will oversee your case and provide you with the legal guidance and representation you need.
What Constitutes Domestic Violence?
In the State of Illinois, domestic assault or domestic battery is characterized under two types:
- First — When the defendant’s actions have led to bodily harm to a spouse or family member.
- Second — When the defendant’s actions are seen as provoking or insulting in nature by members of the household.
In both cases, it is up to the prosecution to provide evidence that suggests that the action was committed knowingly, and without any justification. While charges of domestic violence and assault can stem from a range of actions, the following are the most common reasons of alleged domestic abuse:
- Throwing projectiles
- Excessive yelling
- Threatening spouse or family member with a gun or other weapon
- Sexual assault
- Telephone harassment
- Elder Abuse (physical or mentally endangering an elderly person)
Sometimes a minor argument or slight physical touching can be enough for the police to intervene, and possibly take you into custody. While there may be valid justifications for the mutual combat that occurs in a domestic situation, it is imperative that you retain an experienced criminal defense attorney that will be able to go through the facts and make sure that your legal rights and interests are being protected.
Illinois State Law Defines “Family” as…
Under the (750 ILCS 60) Illinois Domestic Violence Act of 1986, family members include the following:
- A spouse or former spouse
- Children, Step-children, Parents, or others related by blood or by marriage
- A person who shares common dwelling with the defendant
- People with disabilities
- A person who shares a child with the defendant
Domestic Assault: Misdemeanor of Felony?
Under Illinois Criminal Code section 720 ILCS 5/12-3.2, being charged with domestic assault is considered as a Class A misdemeanor. But, being charged with domestic assault while still having a prior conviction for a similar charge can lead to a Class 4 felony.
In most misdemeanor cases, where the defendant has not been previously convicted of domestic assault, the defendant will be eligible for court supervision. A sentence of court supervision will not count as a conviction, and in some cases, it can be either sealed or expunged from your records. It is advisable to retain an experienced Chicago criminal defense attorney who is well versed in the practice of domestic battery, crisis intervention, and related areas, who can guide you and protect your rights.
When the defendant has been charged with a misdemeanor, the court may order the defendant to undergo counseling for a specific period of time with a clinical psychologist, social worker, psychiatrist, or a family service agency that provides programs for domestic violence abusers.
The maximum penalty for a Class A misdemeanor is one year in jail and a $2,500 fine. A defendant who has been charged with domestic assault is eligible for court supervision, but could also face anywhere between 1 to 3 years in jail or probation. Needless to say, a conviction can have a devastating impact on your life.
Having the right criminal defense attorney by your side can save you from the charges of domestic violence and the negative impact it can have on your future. Protect Your Rights Through an Experienced Criminal Defense Attorney
As Chicago criminal defense attorneys, we have over 25 years of experience in defending clients who have been charged with domestic battery and assault. We are aware of the disastrous impact an accusation of domestic assault can have on a person, along with the negative impact on the relationship between you and the alleged victim. We also understand that discussing matters of domestic assault and other intricate details of your relationship can be extremely difficult. With having defended thousands of clients charged with domestic assault, David L. Freidberg can assure you that we have decades of expertise in defending our clients who have been embroiled in matters of domestic violence. We know the right questions to ask, how to defend against these charges and the importance of respecting a client’s privacy.
Why You Should Hire a Chicago and Dupage Criminal Defense Attorney?
When handling cases of this nature our experienced criminal defense attorneys practice a proactive approach with regard to defending your case, and see that the matter is preferably settled out of court. By hiring our professional criminal defense attorneys, you are going to get the peace of mind that comes with hiring a team of professionals with specific expertise in cases of domestic violence.
We serve residents residing at Wheaton, Batavia, and Oak Brook in Dupage County, and the greater Chicago area, including Maywood, Bridgeview, Markham, and Skokie. Contact Us Today
Contact us today at (312) 560-7100 or Our Toll-Free Number at (800) 803-1442 for a Free Consultation. As always, we are available 24 hours a day, 7 days a week for your convenience.
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