Domestic violence charges stir emotions for obvious reasons. It must be understood, however, that probably no other area of criminal law involves false allegations more than domestic assault. It is an unfortunate truth that people often make false allegations in order to gain an advantage in child custody proceedings or to “get even” with an ex. Prosecutors aggressively pursue such charges and it is crucial that you have legal representation if you have been arrested. I am a Peoria criminal defense lawyer who handle matters involving domestic violence. If you wish to speak with an attorney then contact my office today.
Peoria defense attorney handling domestic violence allegations in Illinois
An assault and battery becomes domestic violence when the victim is a family member, romantic partner, or former romantic partner. Serious injury does not have to result in order for one to be charged. Simply shoving or restraining someone is enough for the prosecution to bring domestic assault charges. First offenses will often be charged as a Class “A” misdemeanor which carries a sentence of up to one year in jail and a maximum fine of $2,500. Additional offenses may result in a Class 4 felony conviction which carries a maximum jail sentence of three years. Any conviction will also result in the defendant losing their right to bear arms under Illinois and federal law forever.
The first step in a case will be for the defendant to plead guilty or not guilty at an arraignment. Once a trial date is set the accused will be able to file requests with the Court to exclude statements or other evidence which was collected in violation of the U.S. Constitution. Should the matter proceed to trial then the defendant will need to show that the claims are false or that the defendant was acting in self-defense. A jury will decide whether the accused is guilty and sentencing, if there is a conviction, will be handled by the judge.
I am a Peoria criminal defense attorney handling both misdemeanor and felony domestic violence charges. I will use your initial consultation to listen to your side of the story, to help you understand what to expect from the process, and to determine the best strategy for your case. I will visit the scene of the incident if possible, interview any witnesses, and work to build a case on your behalf. I will file Motions to exclude statements taken in violation of the Fifth Amendment and ensure that you are prepared for trial. I will be in regular communication with you throughout the process, will promptly return your phone calls, and will make myself available to answer your questions. You are facing a serious situation. I am a lawyer who will take it seriously. Contact me today.
In addition to Peoria, I service the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. I also handle federal cases in Urbana.
Criminal defense lawyer defending Peoria, Illinois residents from false domestic violence charges
Domestic violence cases are, more often than any other charge, based on false allegations. People sometimes fabricate claims of assault or abuse in order to “get even” with an ex or to gain some type of advantage in a child custody dispute. If you find yourself in such a situation it is important to understand that you must take the charges seriously as the prosecution most certainly will. My experience as a lawyer includes being a former prosecutor who is experienced in handling such matters. I will protect your interests.